Hon’ble Shashi Kant, J.—Heard Sri C.K. Parekh, learned counsel for the applicant, learned AGA for the State of U.P. and Sri Ramanuj Tripathi, learned counsel for opposite party No. 2.

2. This application under Section 482 Criminal Procedure Code, 1973 (in short ‘Cr.P.C.’) has been filed for quashing of complaint case No. 84 of 2010, under Section 406 and 420 Indian Penal Code, 1860 (in short ‘IPC’) pending in the Court of 9th Additional Chief Judicial Magistrate, Varanasi as well as quashing of the complaint dated 8.4.2011.

3. The brief facts of this case as transpire from the record are as under:

3.1 A criminal complaint (Annexure 1) was filed on 8.4.2011 by O.P. No. 2 - Sri Balak Kumar Kashyap (hereinafter referred to as ‘complainant’) in the Court of Additional Chief Judicial Magistrate, Varanasi under Section 420 and 406 of I.P.C., alleging therein that there was business dealing from 30.6.2006 to 1.11.2007, between the accused applicant (hereinafter referred to as ‘applicant’) and O.P. No. 2. During that period there was a firm Surya Hydraulics Private Limited wh