K. G. JAGADEB ROY, J.

( 1 ) THE petitioner who has been shown as one of the accused persons in a complaint petition filed by the Opposite Party No. 1 in the court of the Sub-Divisional Judicial Magistrate, Sadar, Cuttack has preferred this Misc. Case challenging the order dated 16-1-1986 of the S. D. J. M. in I. C. C. case No. 12 of 1986 taking cognizance against him under Sections 420 and 406 of the I. P. C.

( 2 ) LEARNED counsel appearing for the petitioner challenges the order on the ground that on a plain reading of the complaint petition and for the sake of argument accepting the entire allegation to be true, no prima facie case against him has been made out either under Section 420 or under Section 406 of the I. P. C. and the learned S. D. J. M. without proper application of mind and without following the test that is required of him while taking cognizance has taken such cognizance contrary to law resulting unnecessary harassment to him and prays for quashing the order. In the complaint petition which is annexed as Annexure-1 to this Misc. Case, the complainant had alleged that he runs a business of letting out dynamo to different cinema houses on rental basis and the accu