Heard learned counsel. The applicant has filed this application to quash the charge-sheet dated 4-1- 1996 and the entire pro ceeding in case No. 162 of 1994 pending in the Court of II Additional Chief Judicial Magistrate, Ghaziabad.

2. The allegation is that the complainant entrusted Rs. 50,000 to the applicant at Manu Steel Factory at noon on 14-3-1994 for handing it over to their another factory at Ambala but the applicant did not hand over the money at Ambala Factory for which a first information report was lodged. After investigation a charge-sheet under Section 406, I. P. C. has been framed.

3. The learned counsel has alleged the charge sheet on two grounds firstly, that the said money was handed over (returned) at the Hauz. Qazi, Head Office of the informant just after reaching there because of some confusion regarding the place and person to whom the said money had to be handed over.

4. In paragraph 9 it has been stated that the supplementary report called by the A. G. A. supports the contention of the applicant. Annexure 3 is the report dated 9-2-1995, wherein it has been stated that:

". . . . . . . . However, the I. O. recorded a supplementary report stating