JUDGMENT

K. Ramaswamy, J.- Special Leave granted.

2. Though the respondent was served on July

29,1991, neither appeared in person, nor through counsel. The facts set out in the complaint eloquently manifests on its face a clear abuse of the process of the court to harass the appellants. The respondent, an Advocate and Standing Counsel for the first appellant filed a private complaint in the court of Addl. Chief Judicial Magistrate, Katni in C.C. No. 933/91 for offences under Section 409 and Sections 109/114 I.P.C. The facts stated in the complaint run thus:

The first appellant's branch at Katni gave a loan of Rs. 15,000/- to one Sriman Narain Dubey on May 5, 1984 and the respondent and his wife Annapooma stood as guarantors, executed Annexure 'P' "Security bond" and handed over Fixed Deposit Receipt for a sum of Rs. 24,000/-, which would mature on November I, 1988. At maturity its value would be at Rs. 41,292/-. The principal debtor committed default in payment of the debt. On maturity the Branch Manager, 5th appellant, Sri V.K. Dubey, adjusted a sum of Rs. 27,037.60 due and payable by the principal debtor as on December, 1988 and the balance sum of Rs. 14,254.40 was credited to th