1. 1. This petition under section 482, Cr. P. C. is directed against the order dated 22nd Mar., 1988. passed by the AMJM No.2 (South), Kota, whereby, he took cognizance against the petitioner under section 379, IPC.

2. The learned counsel for the petitioner argued that he has come to this Court with this petition. on some legal point. According to him, the learned Magistrate had no jurisdiction to pass the order, and so, legally, that order is not to be maintained.

3. A complaint was lodged against the petitioner, alleging that on 5th Nov., 1934, Rs. 10 000/- were given on loan to the petitioner, who left his motorcycle bearing No. UPM-404, with the complainant, Sharif Ahmed. An agreement was also executed between them. The allegation is that thereafter on 6th Apr., 1985 the accused-petitioner committed theft of the aforesaid motorcycle, which was standing at the house of the complainant. He was informed of this fact by Farooq and Wahid. Later on the motorcycle was found at the house of the accused petitioner. On this report, the police registered a case under section 379. IPC, seized the stamp-paper, recorded statements of the witnesses and arrested the accused petitioner.