( 1 ) IN this petition the petitioner ques tions the legality and propriety of the order dated 23- 2-1994 passed by the learned Judicial Magistrate First Class, Davanagere in PCR No. 28/92 (CC No. 1043 of 1994) registering a case under Section 409 I. P. C. against him and issuing summons to him for the said offence.

( 2 ) BRIEF facts are that during the years 1987 to 1992 the petitioner was working as the Managing Director in the respondent-society. During the year 1988 the Deputy Commissioner, Chitradurga was appointed as the Special Officer to exercise the powers and functions of the committee of the Man agement of the society as it had been superseded under Section 30-A of the Karnataka Co-operative Societies Act. The petitioner who was the Managing Director was transferred as Deputy Secretary of Zilla Parishad at Raichur in the year 1991 and in his place one Sri. Umapathi was posted. However that order of transfer was cancel led on 29-6-1991 by the Government. Apprehending some move by Sri. Umapathi in regard to that cancellation of the trans fer, the petitioner engaged a lawyer for filing a caveat petition before the Karnataka Administrative Tribunal and accord