JUDGMENT

Ashok G Nijagannavar, J. - The petitioners have sought for quashing the order of taking cognizance dated 21.01.2011 passed in C.C. No.2109/2011 (P.C.R. No.15056/2009) by the Chief Metropolitan Magistrate Court, Bengaluru, for the offence punishable under Section 420 IPC.

2. The facts leading to the petition are that on the private complaint filed by the respondent complainant, the learned Magistrate took cognizance and referred the matter to the police for investigation under Section 156(3) of Cr.P.C and submit report. In pursuance of the said order the police have registered the case at P.S. Crime No.28/2010 for the offence punishable under Sections 143, 420 read with Section 149 of IPC against accused Nos.1 to 12. After completion of the investigation the police have submitted the charge sheet which is registered as C.C. No.2109/2011.

3. Heard learned counsel for the petitioners, learned counsel for respondent No.1 complainant and the learned High Court Government Pleader appearing for respondent No.2 State.

4. The learned counsel for the petitioners has challenged the impugned order mainly on two grounds:

(i) The learned Magistrate had no jurisdiction to entertain the pr