JUDGMENT :

B.N. Mishra, J. - This patition has been filed u/s 482 of the Code of Criminal Procedure to quash the proceedings initiated against the petitioner in I. C. C. No. 54 of 1983 in the court of the learned Chief Judicial Magistrate, Cuttack. On a complaint petition filed by the opposite party against the petitioner the learned Chief Judicial Magistrate by order dated 28-2-1983 took cognizance u/s 420 I. P. C. and summons have been issued against the petitioner. It is this order of the learned Magistrate which is under challenge in this case.

2. The case of the opposite party (complainant) is that the petitioner was an old college friend of his. The opposite party had written a number of traditional folktales in English language and the petitioner had suggested to the opposite party that he had contact with reputed publishers in English with whom he could make arrangements for publication of the folk-tales which would fatch good money to the opposite party towards royalty as the author. The opposite party believed the representation of the petitioner and around the year 1974 delivered twenty-five stories written by him in English to the petitioner. A few months before filing th