CHAINANI, J. :- The facts of this case are simple. A complaint was filed against the three applicants under S. 500, Penal Code, on 7th May 1948, in the Court of the City Magistrate, First Class, Jalgaon. After a few adjournments, the regular hearing of the case commenced on 23rd July 1948. On that date the complainant was examined, and the case was adjourned to 11th August 1948, and subsequently to 24th August 1948. On the latter date the case had been fixed for bearing at 2 p.m. When the case was called out, the complainant was absent. The learned Magistrate, therefore, passed an order discharging the applicants under S. 259, Criminal P.C. The complainant appeared before the Magistrate at 3 p.m. on the same day and requested that the order of discharge should be reviewed and that the complaint should be reheard. In his application he stated that he was not able to attend the Court at 2 p.m. as he had to give evidence as a witness in a civil Court. The learned Magistrate granted this application made by the complainant, set aside the order of discharge, and directed that the complaint should be taken on file and re-heard. Fresh summonses were issued to the accused and the