Judgment

Thomas, J.-Leave granted.

2. Chairman of the appellant company filed a complaint before the Judicial Magistrate of First Class, Gandhidham (Gujarat) alleging certain offences including the offence of cheating against another company located at Indore (Madhya Pradesh) and its Directors. The Magistrate forwarded the complaint to the appellant for investigation as per his order passed under Section 156(3) of the Code of Criminal Procedure (for short “the Code”). The accused Directors thereupon moved the High Court of Gujarat under Section 482 of the Code for quashing the complaint. A single Judge of the High Court quashed the complaint as also the order passed by the Magistrate thereon. Com­plainant has, therefore, filed this appeal.

3. The gist of the complaint is this : In the month of October 1996 the accused Directors approached him and offered to supply 5450 metric tones of “Toasted Soyabean Extractions” for a price of nearly four and a half crores of rupees. The rate quoted by the accused was higher than the market price. Appellant had to pay the price in advance as demanded by the accused. So the same was paid through cheques. But the accused sent the commodity which was