Hon’ble Ashok Srivastava, J.—Through this petition which has been filed by the applicant under Section 482 Cr.P.C., he has prayed that the order dated 22.8.2009 passed by learned Additional Chief Judicial Magistrate (1), Court No. 2, Allahabad in Criminal Case No. 3305/09 (Prem Chandra v. Sumit Bhalotia) be quashed and set aside.

2. Brief facts of this case are that opposite party No. 2, Premchandra Dubey, a resident of Allahabad City filed a complaint case under Sections 420/406 I.P.C. in the Court of learned Magistrate concerned on 8.7.2009. According to this complaint, opposite party No. 2 is a building painter and is doing the work of painting in Mumbai. He has got an office there in the name of Shivam Construction. Keeping in view his business prospects and derivable income he decided to leave Bombay and start his business of building painting in the city of Allahabad. Therefore, he came back to Allahabad and left his business at Mumbai to be managed by his brother Manik Chandra. The applicant is a resident of Mumbai. As per allegations of the complaint, the applicant had renovated his residential building at Mumbai and made certain additional constructions in it. He w