RANJIT SINGH, J

1. R.C.Mittal, respondent No.2, who was then working as Deputy Excise & Taxation Commissioner, Gurgaon (East), was summoned to face trial under Sections 420, 406 and 161 IPC on a complaint made by the petitioner, a Transporter of Gurgaon. The revision filed by respondent No.2, impugning the summoning order, was allowed by Addl.Sessions Judge, Gurgaon and the criminal complaint filed by the petitioner was dismissed. The petitioner has filed the present revision petition against the said order.

2. The facts, in brief, are that the buses of the petitioner running under the name and style of M/s Chaudhary Bus Service and given on contract basis, were impounded under the Motor Vehicles Act. When the petitioner contacted respondent No.2, who was working in the Taxation Department, he told him that the buses were impounded because of non-payment of passenger tax. Respondent No.2 asked the petitioner to deposit a sum of Rs.two lacs at his residence for release of the buses. The petitioner allegedly deposited Rs.1,50,000/-at the residence of respondent No.2 at 1.45 P.M. On 1.5.2000. Petitioner states that respondent No.2 promised to issue receipt from the office. When