1. Heard Mr.Dalvi, the learned counsel for the petitioner.

Heard Mr.Chandrakant Sao, respondent no.2 who appears in person. Heard Ms.Malhotra, the learned A.P.P. for respondent - State of Maharashtra.

2. In this petition under Article 227 of the Constitution of India, Rule was issued by an order dated 27th June, 2014. At the instance of the respondent no.2 herein the petition was placed on board for final hearing.

3. The petitioner is the accused in CC No.48/SW/2014, pending before the Metropolitan Magistrate 45th Court Kurla, Mumbai. The case arises on a complaint filed by the respondent no.2 herein. The complaint was filed alleging commission of offences punishable under Sections 420 IPC, 452 IPC, 465 IPC, 467 IPC, 471 IPC and 448 IPC but the learned Magistrate after examining the respondent no.2 on oath, as contemplated under Section 200 of the Code of Criminal Procedure, and after considering the report submitted by the police under the provisions of Section 202 of the Code of Criminal Procedure, the Magistrate formed an opinion that the offences mentioned in the complaint were not made out, but that a case for proceeding against the petitioner herein with respect to the