Akil Kureshi, J.—The petitioner is the original accused. He seeks quashing of Criminal Case No. 1182/2009 (here-in-after referred to as ‘the said complaint’) pending before the learned JMFC, Sanand.

2. Briefly stated facts are as follows :

2.1 Petitioner is the original accused No. 1 in said complaint lodged by Respondent No. 2 herein. Briefly stated allegations in the complaint are that Respondent No. 2 is a manufacturer of cotton products. It sells goods mostly through exports. One of the customers of the complainant is one America based company called Mervyns L.L.C. (here-in-after referred to as ‘the purchaser company’). The purchaser company places purchase order with the complainant company. As per the purchase order complainant company entrusts transport of such export consignment to APL Logistics (India) Pvt. Ltd. at Mumbai. It may be noted that the petitioner is Managing Director of said APL Logistics (India) Pvt. Ltd. Such consignment is transported to its destination in USA by APL Logistics (India) Pvt. Ltd. through the vessels of Orient Oversees Container Line (India) Pvt. Ltd. (‘OOCL’ for short) of which original accused No. 2 is stated to be the Managing Director