B. N. Sinha, J.

This application under section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as ‘the Code’) is directed against the order dated 22.9.1982 passed by Sri S. I. Daudi, Judicial Magistrate, First Class, Patna on a complaint petition filed by Opposite Party no. 2, Abhai Kumar Prasad taking cognizance of the case under section 420 of the Indian Penal Code and directing issuance of summons to the petitioners.

2. A complaint petition was filed by Opposite party no. 2 on 7.4.1982 before the Chief Judicial Magistrate, Patna. Learned Chief Judicial Magistrate on the day ordered for putting up that complaint petition on 17.4.1982 as the complaint petition had been filed in late hours on that day. On 17.4.1982 a petition for time was filed on behalf of the complainant and the case was adjourned to 29.4.1982. On 29.4.1982 the Chief Judicial Magistrate made over the complaint petition to Sri S. I. Daudi, Judicial Magistrate, Patna under section 192 of the Code for inquiry and disposal. Sri S. I. Daudi thereafter examined the complainant on solemn affirmation and after perusal of the same and the documents filed by the complainant found that prime faci