( 1 ) THIS Rule was issued at the instance of a complainant against an order dismissing the complainant's petition under Section 500, Penal Code. The complainant came to Court with the allegation that at the instance of one Krishna Chandra Mukherji, an auditor appointed under the Co-operative Societies Act, viz. , Sri Anil Chandra Banerji, had 'mala fide' submitted an audit report containing grave allegations of a defamatory character "against him.

( 2 ) THE learned Magistrate in dismissing the petition has now given reasons that unless the audit is done over again it is difficult to say whether the allegations are 'mala fide' or not. This is the main reason for dismissing the petition of complaint. Two things may be said against this. The first is that the complainant should then have been given an opportunity to prove that these were really 'mala fide' statements in the audit report by such mate- rials as might satisfy the learned Magistrate or an enquiring officer. Before his petition can be dismissed in this case he is entitled to this Opportunity. Secondly, the learned Magistrate did not, when the complaint was first filed before him, proceed to dismiss the appli