Surya Kumar Tiwari, J. - (1.) This petition has been filed for quashing case No. C-450 of 1996 pending in the Court of Second Judicial Magistrate, First Class, Howrah.
(2.) The opposite party No. 1, filed a petition of complaint in the Court below alleging that he is a renowned businessman and deals in dyes and chemicals. The petitioners and opposite party No. 1" were on visiting terms and he had developed intimacy with opposite party No. 1. The petitioners approached opposite party No. 1 to run their business styled as Messrs. Anand & Company. There was an oral agreement and the following terms were accepted by petitioners. (i) Opposite party No. 1 would supply dyes and chemicals and other raw-materials to Messrs. Anand & Co., and the petitioners would process hosiery fabrics in their factory ; (ii) That the opposite party No. 1 alone shall collect all the products of Messrs. Anand & Company ; (iii) The opposite party No. 1 will be paid Rs. 2,000/- per month on account of conveyance charges 25 per cent annual net of profit and 10 per cent of the processing bills.
(3.) Opposite party No. 1 supplied materials as listed in Schedule A'- of the petition of complaint in accordance with the agreement.;