This application under' S.401 and/or 482 Cr.P.C, is directed against the order dated 15-10-81 passed by Judicial Magistrate, Gauhati in Case No. 1666/81 and for quashing the proceeding pending in the court of the judicial Magistrate vide the aforesaid case.

2. The opposite party filed a complaint petition in the Court of the Chief Judicial Magistrate, Kamrup at Gauhati on 28-8-82, against the accused-petitioner alleging that the complainant is a partner of M/s. Mechfab Engg. Industries having its head office and place of business at Zoo Road, Gauhati and being a firm manufacturing steel articles. On 3-7-81 the accused-petitioner placed an order with the firm for supply of 27 Nos. of G.I. Tank valued at Rs. 64,500/- in pursuance of which the accused-petitioner paid an advance amourt of Rs. 30,000/- to the firm by a Bank cheque D/-3-7-81 which was duly encashed by the firm. Against the order of supply the complainant firm issued 27 Nos. of M. S.Moulds for P.S.C. Poles and one G.I. Tank by the bill D/-5-9-81. 14 Nos. of P.S.C. Poles and G. I. Tank were accepted by the accused-petitioner from the firm on 14-8-81. Then 13 nos. of M.S.Moulds. P.S.C. Poles were supplied to the acc