Judgment

KHANNA, J. :- This appeal by special leave has been filed by Hari Prasad Chamaria against the judgment of Patna High Court whereby the High Court accepted petition under Section 561 A of the Code of Criminal Procedure filed by the two respondents and quashed the proceedings which were pending against them in the trial court.

2. The brief facts of the case are that the appellant filed a complaint against the two respondents on the allegation that the appellant was running business at Samastipur in Bihar and Calcutta. The respondents were known to the appellant and he had full faith in them. The appellant wanted to start some business and in that connection talked to the respondents. The respondents then stated that they would start transport business under the name and style of Drang Transport Corporation. The respondents further stated that the appellant would be the proprietor of the said Corporation and the respondents would work as his agents. On January 2, 1967, the appellant paid Rupees 35,000 to the respondents in Samastipur. In March 1967 when the appellant went to Calcutta he found that the respondents were doing transport business but the appellant was not shown as