( 1 ) BY this petition under Article 227 of the Constitution of India read with Section 482 of the Code of Criminal Procedure the petitioners seek to quash the proceedings in Criminal Complaint Case No. 515 of 2004 pending before Magistrate, First Class, Karaptee and to set aside of order dated 6th January, 2005 passed by the Judicial Magistrate, First class, Kamptee below Exh. 1.

( 2 ) IN order to appreciate the controversy it would be worthwhile to briefly see the background. It seems that on 1-8-1989 respondent No. 2 had filed Criminal Case No. 163 of 1989 against some persons including petitioner No. 1. In the said complaint case the accused therein including petitioner No. 1 were acquitted after full trial by judgment dated 28-8-1995. Thereafter on 25-8-1998 petitioner No. 1 filed Criminal Complaint Case No. 141 of 1998 against respondent No. 2 alleging offences under sections 193, 211 and 500 of the Indian Penal code on the basis of his acquittal in the earlier complaint case. By order dated 11-1-1999 process under Section 500 of the Indian Penal code was issued against respondent No. 2. Respondent No. 2 appeared and contested that complaint case. Ultimately