JUDGMENT

S.B. Sinha, J.—

1. Leave granted.

2. These appeals arising out of a common judgment were taken up for hearing together.

Appellants herein are depositors in City Cooperative Bank Ltd. (the Bank), a bank incorporated and registered under the Gujarat Co-operative Societies Act, 1962.

3. Some of the borrowers had mortgaged their properties with the bank. Alleging commission of offences under Sections 406, 420, 423, 465, 477, 468, 471, 120(B), 124 and 34 of the Indian penal Code and investigation against the accused persons - respondents herein, the bank filed a complaint petition before the Second Court of Judicial Magistrate First Class, Surat praying for a direction upon the Rander Police Station to register a complaint.

By an order dated 11.6.2004, the learned Magistrate upon consideration of the said allegations directed as under :

“The complaint is hereby ordered to be registered as the Inquiry Case and is ordered to be sent to Rander Police Station under Section 156(3) for the Police Investigation. On being investigating the offence the Investigating Officer has to submit the report of Investigation on or before 12.7.2004 before this Court.”

4. However, the complainant f