D.S.Tewatia, J.:- This order would dispose of Criminal Misc. No. 2226-M of 1983 and Criminal Misc. No. 363-M of 1986, as a common question of law is involved in both these petitions. For facts, reference is made to the contents of Cr.Misc.No. 2226-M of 1983.

2. Sham Sunder Sharma, respondent No. 2, filed a complaint under sections 499 and 500 Indian Penal Code in the Court of Judicial Magistrate First Class, Chandigarh, against Sarvshri M.M.S.Bedi, Rajinder Singh Raj and M.S.Malhotra. The accused were summoned by order dated 14th December, 1982, for 5th February, 1983. On that date, two of the summoned accused, namely, Rajinder Singh Raj and MS.Malhotra were present.Summons issued to Shri M.M.S.Bedi remained unexecuted. On that date, however the complainant did not appear. The Magistrate, therefore, in view of the provisions of section 256, Code of Criminal Procedure, 1973, hereinafter referred to as to Code, dismissed the complaint in default of prosecution and passed an order of discharge against the summoned accused.

3. The complainant filed a second against the said accused on 9th February, 1983, for the same offence and on similar facts. The Magistrate summoned the acc