( 1 ) HEARD. In this Criminal Petition the order dated 7. 7. 1990 passed by the learned II Addl. C. M. M. , Bangalore, ordering registration of the case and issue of process against the petitioner-accused has been challenged. As per the impugned order the learned Magistrate has taken cognizance of the offence. The petitioner-accused has prayed that the entire proceedings in c. C. No. 3856 of 1990 snould be quashed.

( 2 ) THE complainant-respondent has filed a private complaint against the petitioner-accused alleging that though petitioner is not the son of Javaraiah (who died in 1971) has claimed all the retirement benefits due from the employer of Javaraiah on the ground that he is the son of javaraiah.

( 3 ) IT is seen from the records that on 3. 8. 1989 the learned Magistrate recorded the sworn statement of the complainant and heard arguments. On 21. 8. 1989 the learned Magistrate has passed the order to the effect that he has perused the sworn statement of the complainant and the documents and that it was necessary to hold, an investigation. So he referred the complaint to the circle Inspector of Police, Chamarajpet.

( 4 ) HAVING regard to the sworn statement