JUDGMENT :

J.B. Pardiwala, J.

Rule. Mr.A.N.Shah, the learned APP waives service of rule for and on behalf of the respondent No.1 State of Gujarat. The respondent no.2, original complainant although served with the notice for final disposal, yet has not thought fit to appear before this Court either in person or through an advocate.

2. By this application under Section 482 of the Criminal Procedure Code, the petitioners - original accused nos.2, 3 and 4 calls in question the legality and validity of the order dated 15th February, 2011 passed by the learned Judicial Magistrate, First Class, Chikhli, passed below Exh.1 in Criminal Misc. Application No.2/2010 by which the learned Magistrate took cognizance upon the private complaint lodged by the respondent no.2 herein and ordered issue of process against the petitioners herein for the offence punishable under Sections 420, 423, 465, 467, 468, 471,120B r/w section 114 of the Indian Penal Code. It appears that while issuing process, the learned Magistrate simultaneously also ordered to issue non-bailable warrant against the petitioners herein. The impugned order passed by the learned Magistrate ultimately culminated in Criminal Case No.37/