P. K. TRIPATHY, J.

( 1 ) PETITIONER is one of the accused persons in G. R. Case No. 315 of 1987 pending in the file of Chief Judicial Magistrate, Cuttack. He has filed this application under Section 482 Code of Criminal Procedure, 1973 (in short 'the Code') challenging the order dated 8-12-1997 of learned Chief Judicial Magistrate who passed that order framing charge against the petitioner for the offences punishable under Section 420, 468, 471 and 409/109, I. P. C.

( 2 ) THE background facts may be noted in gist. One Ramakant Modi filed a complaint registered as I. C. C. Case No. 15/87 in the Court of Subdivisional Judicial Magistrate (Sadar) Cuttack. He alleged that he booked for a Matador delivery Van worth Rs. 1,02,779. 33 paise with M/s. Bajaj Tempo Limited through M/s. Jagannath Motors Pvt. Ltd. , Cantonment Road, Cuttack by producing a Bank draft for the said amount vide the Draft No. 0077776 dated 27-9-1986. Accused No. 1 T. V. S. Mani and accused No. 2 Jackson Das of M/s. Jagannath Motors Pvt. Ltd. , assured for delivery of the vehicle within a period of two weeks provided the complainant deposited Rs. 2,500/- towards the transportation charges. According to the complaina