ORDER

1. On a complaint filed by the appellant herein, the respondent-Company and two others were summoned by the learned Sub-Divisional Magistrate, Bhubaneswar to stand trial for an offence punishable under Section 500 of the Indian Penal Code. After entering appearance, the respondent-Company filed an application for recalling the process issued against it for reasons mentioned therein. In opposing the application, the appellant contended, inter alia, that once process was issued against an accused, the court had no power to recall or review it. The learned Magistrate rejected the above contention of the appellant relying upon the following passage from the judgment of this Court in K. M. Mathew v. State of Kerala [(1992) 1 SCC 217 : 1992 SCC (Cri) 88] : (SCC p. 220, para 8)

"8. It is open to the accused to plead before the Magistrate that the process against him ought not to have been issued. The Magistrate may drop the proceedings if he is satisfied on reconsideration of the complaint that there is no offence for which the accused could be tried. It is his judicial discretion. No specific provision is required for the Magistrate to drop the proceedings or rescind the process. T