ORDER :

This petition, has been directed against the order dated 3-10-1996, passed by the learned Chief Judicial Magistrate, Indore in Criminal Case No. 5049/96/95) dismissing the application of the petitioner for recalling the order of issue of process, dated 2-9-1995 or dropping the proceedings against accused/petitioner.

2. Respondent No. 2, M/s Gilt Pack Ltd. filed a complaint against the petitioner and other persons on 8-2-1995 for the offence punishable under section 420/34. Learned trial Court, sent a copy of the complaint to the concerned Police Station calling the report as per Provisions under section 156(3) of the Criminal Procedure Code. The Police Report dated 7-3-1995, was received by the Court. According to the police report, it was a matter of business transaction between the parties and there was a breach of contract, therefore, no criminal case is made out against the petitioner. Thereafter, statement under section 200, Criminal Procedure Code of Mr. Aashutosh Rai, Manager of respondent No. 2, M/s Gilt Pack Ltd., was recorded on 28-4-1995. By order dated 2-9-1995 complaint was registered against the petitioner and other accused persons and the process was ordered to