( 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 h