Heard the learned respective Counsel for the parties.

2. Rule. By consent, Rule made returnable forthwith. By consent, heard finally.

3. The petitioner is the original complainant. He had filed complaint against the respondent no.2 herein, alleging commission of offences punishable under Sections 409 of the IPC, 468 of the IPC, 471 of the IPC and 477A of the IPC. The learned Magistrate ordered investigation into the matter, as contemplated under Section 156(3) of the Code of Criminal Procedure, 1973 [For short, "the Code"]. After investigation, the Police filed a "C" summary report. On this, the learned Magistrate issued a notice to the complainant i.e. the petitioner herein, and then on 15-7-2010, issued process against the respondent no.2 by the following order:

"Charge sheet presented by P.S. Ambhore against accused. It be registered as a Regular Criminal Case. Hence, issue process against accused under Sections 409, 468, 471 and 477A of the IPC."

The respondent no.2 then made an application for discharge contending that the charge against him was groundless. The learned Chief Judicial Magistrate by his order dated 24-2-2011, discharged the respondent no.2, holding that the