Petitioner is the accused in C.C.437/06 on the file of the Judicial First Class Magistrate, Payyannur. A complaint was filed by the 2nd respondent before that Court against the petitioner alleging Commission of offences u/Ss.408, 420 IPC etc. It was forwarded to the police u/s 156(3) Cr.P.C. After investigation final report was filed against the petitioner alleging commission of offences u/Ss.408 and 420 IPC.

2. It was alleged that the petitioner who was an agent or employee of the complainant committed criminal breach of trust and cheating to the tune of about Rs.20 lakhs during the period from 1995 to 2004 by quoting excess price for the tea which was purchased by the petitioner in the auction conducted at Kochi. This petition is filed to quash the complaint and the cognizance taken against the petitioner in C.C.437/36.

3. Learned counsel for the petitioner submits that originally the complainant conducted business under the name and style as 'P.C. Abdulla and Company' in Tobacco and Tea Dust. On the death of Abdulla Haji the business was partitioned. The tea dust business was taken over by the defacto complainant. A partnership was constituted under the name and style