I.P.Singh, J.

1. This is an application under Sections 397 and 401 of the Code of Criminal Procedure, 1973 (in short the Code). It is directed against the order dated 18.8.1988 passed by the learned Sessions Judge, Madhubanl in Cr. Revision No. 1061 of 1998 filed on behalf of the opposite party No. 2 by which he was pleased to set aside the order dated 25.7.1988 passed by Shri V.K. Mishra, Judicial Magistrate, IInd Class Madhubani in Complaint Case No. 408/97/ Tr. No. 669/98.

2. It appears that the opposite party No. 2 had filed a complaint in the Court of Chief Judicial Magistrate, Madhubani, being CR. Case No. 408/97 against the present petitioner and two others, namely, Gauri Shankar Singh, District Supply Officer and Shri Ram Kripal Yadav, Marketing Officer, Madhubani. At the relevant time the complainant-opposite party No. 2 was dealing in the sale of gas cylinders and was also running a photostat business. The present petitioner was the Supply Inspector posted at Madhubani (Town), RS. Madhubani. On 20.8.1997 the peon of Gauri Shankar Singh, District Supply Officer came with 4 Kg. gas cylinder (light) and asked opposite party No. 2 to fill the same to which he refuses