( 1 ) AGGRIEVED by the order of the Chief Metropolitan Magistrate, passed under Section 319 of the Code of Criminal Procedure (in short REFERRED TO to as "the Code"), adding the petitioner as an accused for being a party to the criminal conspiracy of cheating the complainant Lakhubhai Pathak, under Section 120-B/420 Indian Penal Code, the petitioner has filed this petition for quashing the same. Before dealing with the contentions raised by the petitioner, let me go through the facts of the case.

( 2 ) THE complainant Lakhubhai Pathak is a resident of United Kingdom and is of Indian origin. He is stated to be a businessman running a firm in the business of food processing. In 1983, he is alleged to have come into contact with Chandraswami and Kailash Nath Aggarwal, both of whom made him believe that Chandraswami had a great influence in the official and political circles in India and was capable of getting any job through. Both of them suggested that the contract for supply of paper pulp and newsprint to India was a highly profitable job and the complainant is alleged to have been persuaded to secure the same and was assured all help for procuring the contract in his favour by use of the good offices. of Chandraswami and Kailash Nath Aggarwal. In December, 1983 the complainant is alleged to have been induced to pay an amount of US $ 1,00,000 for procuring the contract in his favour by using their good offices and he was so overwhelmed by their assurance that he believed whatever they said and an amount of US $ 1,00,000 was paid to Chandraswami by two cheques on 4th January, 1984 outside a New York Hotel. Another sum of around US $ 30,000 is also alleged to have been spent on the hospitality of Chandraswami and others. Chandraswami had assured the complainant that the contract papers would be handed over to him by the end of January, 1984 and the supply was supposed to be completed by 15th April, 1984. Thereafter, in spite of repeated approaches made by the complainant, Chandraswami failed to secure the contract for him and it is alleged that the complainant was cheated by the said Chandraswami and Kailash Nath Aggarwal. The complainant first tried to get his money back from Chandraswami, however, when he failed to get that money back, he decided to expose the fraud committed by Chandraswami. He wrote letters to many persons levelling allegations against Chandraswami which led to the filing of a defamation suit against the complainant by Chandraswami. This suit was ultimately dismissed. The complainant filed a complaint with the Indian High Commission against Chandraswami and Kailash Nath Aggarwal for initiating action against them for their having dishonestly induced the complainant to pay US $ 1,00,000 when they had neither the resources nor the contact for procuring the contract for him. Case FIR No. RC. I (5)/88/siu IX under Section 120-B/420 Indian Penal Code was registered on 5th February, 1988 against Chandraswami and Kailash Nath Aggarwal. Initially they were released on bail, however, presently they are in custody.

( 3 ) THE Court took cognizance of the offence of criminal conspiracy to cheat as well as of actually cheating the complainant and issued process against Chandraswami and Kailash Nath Aggarwal and they are facing trial. The complainant appeared in the witness box and stated on oath that Chandraswami. had told him that he had a talk with the Minister and the Minister had assured him that he would help Pathak. It was further stated during the course of the statement by the complainant that on 22/23rd December, 1983 when he had gone to meet Chandraswami in his room in Holorum House Hotel, Manhattan, New York, a Minister came in the room of Swamiji and the complainant came to know that his name was P. V. Narasimha Rao. He remained with Chandraswami in his room for about one/one and a half hour when he along with some other persons remained sitting outside and when Chandraswami and Mr. Narasimha