1. Leave granted.

2. The appellant, respondents 3, 4 and one Rajpal are the accused in Criminal Case No. 723 of 2005 (charge-sheet No. 32/2005) pending on the file of the Judicial Magistrate, Khatima, District Udham Singh Nagar. Respondent 2 is the complainant. The appellant and respondents 3 and 4 filed a petition under section 482 of the Code of Criminal Procedure (for short “the Code”) in the High Court of Uttarakhand at Nainital for quashing of the above mentioned proceedings and for quashing of the order of cognizance dated 22.3.2005 passed thereon by the Judicial Magistrate, Khatima against the appellant and the other acoused for the offences punishable under sections 406, 420, 467, 468, 471,447, 448 read with section 34 of the Indian Penal Code (for short “the IPC”). By order dated 29.9.2011 Uttarakhand High Court dismissed the said petition. The said order is impugned in this appeal.

3. Respondent 2 filed a complaint against the appellant, respondents 3, 4 and 5 others at Police Station Kotwali Khatima, District Udham Singh Nagar on 4.1.2005. Respondent 2 inter alia alleged in the complaint that he had let out two shops situate in Khatima market to Rajpal Singh on fixed