1. The present application has been preferred by the applicant/original accused no.2 under Section 482 of the Code of Criminal Procedure (for brevity “CrPC”) praying to quash and set aside the complaint, being C.R. No. I-545 of 2010 registered with Naroda Police Station, Ahmedabad for an offence punishable under Sections 406, 420 and 114 of the Indian Penal Code, so also to quash entire proceedings of Criminal Case No. 4/2011 pending in the court of learned Metropolitan Magistrate, Court No. 18, Ahmedabad.

2. Brief facts of the case are that the complainant was a running partner in a partnership firm comprising of family members under the name and style of “Sona Trading” since 20 years and doing business of sale and purchase of grains as well as running a Rice Mill in the name of “Kishan Rice Mill” in partnership, which is closed since three years. That, as the complainant was intending to give rice mill on rent, one Kodarbhai J. Prajapati came with (1) Rameshbhai N. Gondaliya (accused no.1) and (2) Manishbhai J. Joshi (accused no.2) and both had a talk with the complainant to run the rice mill on rent and on 25.10.2008, a rent agreement was entered between them and Ramesh