K. P. MOHAPATRA, J.

( 1 ) THIS revision is directed against the order passed by the learned Chief Judicial Magistrate, Berhampur, on 6-9-1984 setting aside the order of cognizance of an offence under S. 406 of the Penal Code ('i. P. C. ' for short) dt. 14-12-1983 and discharging the opposite parties on dismissal of the complaint petition.

( 2 ) A few facts have to be narrated in order to appreciate the contentions raised in this case. The petitioner, an officer of the Food Corporation of India at Titilagarh, lodged FIR at the Vigilance Police Station Berhampur, on 3-3-1974 stating therein that the opposite parties belonging to Kalahandi district were partners of a firm named and styled as M/s. J. S. B. B. Mund with headquarters at Thelokomunda and carried on business in paddy and rice and were rice, mill owners. They entered into an agreement! with the Food Corporation of India to purchase paddy, mill the same and supply rice for the kharif year 1971-72. According to the terms of the agreement, the Food Corporation of India advanced money from time to time to them aggregating a sum of Rs. 4,18,000/- for purchase of 9735 quintals of paddy. The opposite parties, however supplied ric