1. Heard Mr. S. C. Biswas, learned counsel for the petitioner and Ms. S. Jahan, learned Addl. Public Prosecutor, Assam, appearing for the State respondent No. 1.

2. By this petition under Sections 397/401 read with Section 482 Cr.P.C., the petitioner has prayed for setting aside and quashing/ modification of the impugned order, dated 17.03.2018, passed by the learned Addl. Chief Judicial Magistrate, Sonitpur at Tezpur in C. R. Case No. 268/2011, wherein, the said learned trial Court recorded that the complainant/petitioner, herein, was not willing to proceed with the case and thereby dismissed the case for non-prosecution.

3. The complainant/petitioner’s case, in a nut-shell, is that he preferred the aforesaid complaint case against the respondent No. 2, herein, alleging, that the latter purchased MS TMT bars, on credit from the petitioner herein and an outstanding balance of Rs.3,49,667/- only remained outstanding to be paid by the respondent No. 2. On 20.05.2011, the respondent No. 2 went to the shop of the complainant/ petitioner, situated at Rangapara town and asked for verification and settlement of his account. Accordingly, the accused-respondent No. 2 herein verified th