( 1 ) THE petitioner herein, has preferred this revision application u/s. 397 read with s. 401 of the Code of Criminal Procedure, 1973 (for short, "the Code") in order to challenge an order dated 16/12/2000 recorded by the learned J. M. F. C. , Dakor in Criminal Case No. 58/1998 under which the learned Magistrate dismissed the said application of the present petitioner, original accused, in the said criminal case, for his discharge from the offences punishable as aforesaid.

( 2 ) THE second respondent herein, being the original complainant, filed a complaint before the learned J. M. F. C. at Dakor stating that the second respondent was a manufacturer of fertilizers in the name of "nicko Agro Manufacturers" at Dakor; that, the present petitioner used to purchase fertilizers from the second respondent and used to sell it in the name of Ganesh Baya Seeds at Gondal; that, the petitioner used to purchase fertilizers on credit and used to pay for the same; that in 1996-97 similar transactions were entered into between the parties and on the settlement of accounts, it was noticed that an amount of Rs. 1,03,767/- was due to the second respondent by the petitioner and therefor