U.D. Salvi, J.

1. Rule. Rule made returnable forthwith. Taken up for final hearing by consent of parties.

2. Heard. Perused.

3. Issuance of process under Sections 418 and 420 of the Indian Penal Code, 1860 by learned Chief Judicial Magistrate, Ahmednagar in Criminal Case No.R.T.C.260/2007 is questioned in the present criminal application.

4. The respondent No.1 – National Bank of Oman, registered at Oman, lodged a private complaint (originally numbered as 259/2007 and later on renumbered as R.T.C. No.260/2007) in the Court of the Chief Judicial Magistrate, Ahmednagar against the petitioner, a resident of District Dakshin Kannada, Karnataka, alleging its cheating resulting in swindling of 43,15,000/-U.A.E. Dirhams, equivalent to 5.178 Crores Indian Rupees at Abu Dhabi (United Arab Emirates).

5. Gist of the complaint is as under –

In the year 1995, the applicant/ accused opened current account with the complainant Bank on a representation that he was holding Indian Passport. The accused slowly gained confidence of the complainant Bank. In February 1996, the accused produced trading licence issued by Abu Dhabi Municipality and Town Planning and represented that he owned firm