( 1 ) THIS is an application requesting this Court to exercise its inherent powers under sec. 482 of the Code of Criminal Procedure 1973 (hereinafter referred to as the Code) with an allegation that complainant Arjanbhai Ratnabhai Patel who filed the First Information Report (F. I. R.) before the Junagadh Police against the present petitioner Dharamchand Gopiram and one driver Kishanlal for the offence punishable under secs. 407 420 and 114 of the Indian Penal Code is either the abuse of process of the Court or there is a scope for substantial injustice and therefore the power should be exercised to secure the ends of justice.

( 2 ) COMPLAINT was filed by complainant Arjanbhai with the allegation he had sent 550 tins of solvent refined oil to the petitioner who runs M/s Jindal Enterprises at Delhi through Delhi Gujarat Freightways Transport Company of Rajkot. The complainant runs Jagdish Export Industries at Junagadh. These goods were sent on 7-3-1980 by receipt no. 2415 of that Transport Company and information was sent to Sales tax Officer that it was sent to the petitioner accused as a commission agent of the complainant.

( 3 ) IT is the allegation in the compl