1. - Sewak Ram filed a complaint in the court of ACJM, Beawar for offence under Section 406 and 420 IPC alleging that non-petitioner No. 2 and 3 were the office bearers of Lions Club, Ajmer. Sewak Ram was a resident of Beawar and used to relay stage programmes. These three persons entered into an agreement on 6.3.88 at Beawar under which it was agreed that Sewak Ram would pay Rs.17,000/- as a goodwill for using the banner of Lions Club in order to stage the music programme of Anup Jalota and entire sale proceed of the show would be received by him. It was further alleged that a sum of Rs.1000/- was paid to non-petitioner No. 2 in 11.3.88 and Rs.1000/- to non-petitioner No. 3 on 14.3.88. Balance of Rs. 15,000/- was paid on 7.4.88 to the non-petitioners No. 2 and 3. They had taken the ticket books for selling to the various members of the club and to other persons and were required to pay the collections to Sewak Ram. But they did not account for the sale-proceeds of the tickets and fraudulently and dishonestly misappropriated the collection to their own use add thereby cheated Sewak Ram. Learned Magistrate recorded the statement of Sewak Ram on 29.6.88 and then sent the com