(1.) This is an application under section 397/401 read with section 482 of the Code of Criminal Procedure filed by Mustan Patel, accused petitioner against the opposite party praying for quashing and/or setting aside the order dated 2.7.97 and to quash the case being G.R. Case No. 1859 of 1994 pending before the 17th Metropolitan Magistrate, Calcutta. The facts leading to the filing of the present application may be summarised as follows :-
(2.) The petitioner is one of the partners of M/s. Orient Machinery and Mill Stores.
(3.) Ashok Kumar Ghosh, Deputy Sales Manager of Mahindra Engineering & Chemicals Products Ltd., filed one petition of complaint under sections 120B / 420 / 482 / 483 / 485 / 486 / 487 / 489 of Indian Penal Code and sections 78 and 79 of T.M.M. Act before the learned Chief Metropolitan Magistrate, Calcutta against some unknown shopkeepers and traders in Calcutta and the Chief Metropolitan Magistrate, Calcutta sent the aforesaid complaint to the Enforcement Branch, Calcutta with a direction to investigate in terms of section 156(3) of Code of Criminal Procedure treating the said petition of complaint as the FIR and on receipt of the same, the Enforcement Branch registered a case being Hare Street P.S. Case No. 322 dated 27.7.1994.