Kuldip Singh, J.

1. This is a petition under Sec.482 Cr. P. C. for quashing criminal complaint No.152-2/06, titled Rakesh Kumar V/s. Shiv Mittal pending in the Court of learned Judicial Magistrate Ist Class, rohru, District Shimla.

2. The further relevant facts are that respondent had filed complaint under Sec.406 IPC against petitioner on the allegations that petitioner had contacted the respondent to send apple boxes and therefore respondent had sent 87 apple boxes to the petitioner on 21.8.2006 in vehicle No. HP-63-1328 vide builty no.001157. The consignment was received by petitioner and freight was also paid by the petitioner to the driver of vehicle No. HP-63-1328.

3. On 22.8.2006, the respondent had again sent 84 apple boxes to petitioner in vehicle No. HP-10b-0207 vide builty No.001158, this consignment was also received by the petitioner and paid freight charges of the vehicle. On 23.8.2006, the respondent had again sent 88 apple boxes to petitioner in vehicle No. HP-03-1435 vide builty No.001156 and the consignment was received by the petitioner, the freight charges amounting to Rs.3400/- were paid by the petitioner to the driver.

4. The further case of the respon