ORDER

Leave granted.

Heard Mr. Dave for the accused appellants and Mr. Jain for the complainant respondents. On the basis of a complaint alleging commission of offence under Sections 406/420, the Magistrate took cognizance and issued process in 11.9.1998. The accused thereafter immediately approached the High Court invoking jurisdiction under Section 482. The High Court thought it appropriate that the accused has approached prematurily and directed that the accused .... approach the Magistrate again for recalling the process, obviously following the judgment of this Court in Mathew s case. Accused then approached the Magistrate and Magistrate after reconsideration of the matter came to hold that the complaint did not mention that the accused have dishonestly and with mala fide intentions induced the complainant or had induced in any manner about the receiving of the amount in a dishonest manner and the ingredients of the offence under Section 420 do not appear. But all the same, the Magistrate was of the opinion that that should be a matter for trial and there is no infirmity in issuing process so far as the offence under Section 406 is concerned. The Magistrate, however, was of th