( 1 ) THIS is a petition under Section 482, Cr. P. C. seeking quashing of C. C. No. 5/99 pending on the file of IV Metropolitan Magistrate, Hyderabad. This petition raises an interesting and important question of law. Counter has been filed and I have heard the learned counsel for the parties. Stay has been granted by this Court and a vacate stay application has also been filed. Since the pleadings are complete and the matter was heard in detail the matter is finally decided.

( 2 ) A private complaint has been filed against the petitioner for the offence under Section 420, I. P. C. and Section 138 of the Negotiable Instruments Act. The learned Magistrate issued summons to the petitioner and after his appearance framed a charge under Section 420, I. P. C. and Section 138 of Negotiable Instruments Act. The contention of the petitioner is that the procedure adopted by the Magistrate in framing the charge is illegal in view of the provisions of Sections 244, 245 and 246 of the Criminal Procedure Code, whereas the contention of the respondent is that the procedure laid down by the Criminal Procedure Code for taking cognizance and framing of charge in complaints filed othe