( 1 ) THIS petition under section 482 of the Code of Criminal Procedure has been filed by the petitioners- Devendra Kumar Jain and Anurag Kumar Jain, after being served with a notice under the provisions of Section 251 of the Cr. P. C. , as accused persons for offences under section 427 read with section 34 of Indian Penal Code, in a complaint case instituted by Kapil Kumar, respondent No. 2 herein. The complaint was filed ink October, 1982, and on consideration of the allegations made in the complaint as well as preminary evidence adduced by the complainant, the magistrate came to tile conclusion that there was sufficient ground to proceed against the accused persons and, therefore, ordered their suoning to face trial under section 427/34 Indian Penal Code. After protracted proceedings on account of some applications having been moved by the accused persons, and after disposal of those applications by order dated 7th January, 1988, the magistrate eventually took up the case on 16th May, 1988, and passed order of service of notice under section 251 of Criminal Procedure Code. on the two accused persons before him to face trial for the offence under section 427134