JUDGMENT :

Parthivjyoti Saikia, J.

Heard Mr. S. Sarma, the learned senior counsel appearing for the petitioner. Also heard Mr. P. Borthakur, learned Addl. Public Prosecutor representing the State of Assam (Respondent No.2). None appeared for the Respondent No.1.

2. This is an application under Section 482 of the CrPC praying for quashing the proceedings of Complaint Case No.1895C/2012 pending in the court of Judicial Magistrate, First Class, Kamrup, Guwahati.

3. At the time of filing of the complaint case by the Respondent No.1, the present petitioner was serving as the In-Charge Project Director of District Rural Development Agency (DRDA), Bongaigaon.

4. At the relevant time, the Respondent No.1 was working as a Chartered Accountant having his chamber and residence at Ulubari, Guwahati.

5. The case of the Respondent No.1, in a nutshell is like this– the then Commissioner, Panchayat & Rural Development, Assam engaged the Respondent No.1 for conducting statutory audit of Panchayat & Rural Development Programmes for the year 2010-2011 under Zila Parishad/ DRDAs/ Blocks, Anchalik Panchayat and Gaon Panchayat offices in the district of Bongaigaon.

6. On 18.04.2012, the present petitioner bein