( 1 ) PETITIONER by this Misc. Criminal Application under Sec. 482 of the Code of Criminal Procedure, 1973, has moved this Court, inter alia, praying for quashing and setting aside the proceedings by way of Criminal Case no. 66 of 1991 pending before the learned Chief Judicial Magistrate, Surat, initiated pursuant to the complaint filed by the respondent No. 3 for the alleged offences punishable under Secs. 406, 420, 504 and 506 of I. P. C.

( 2 ) FACTS and circumstances in brief leading to filing of this petition : The respondent No. 3 Dhirubhai Shambhubhai Kakadia filed a complaint against the petitioner-Arvindbhai R. Patel for the alleged offences punishable under Secs. 406, 420, 504, 506 (2) of I. P. C. before the learned Chief Judicial Magistrate, Surat. It is alleged in the complaint that the accused had developed friendly relations with him and had borrowed Rs. 90,000. 00 from him in the year 1988, which he badly needed for purchasing the building material in carrying forward his construction business. While taking the said loan, the accused had also shown his willingness to transfer his house bearing Block No. 26, situated in Hariom Society, Surat, in the nam