GURAPPA BASAPPA DALAL Vs. MODINSAB MALIK SAB BAGWAN

JUDGEMENT

(1.) This is an application under Section 482 of the Code of Criminal Procedure 1973 (the code) filed by the accused in C.C. No. 9 of 1982 on the file of the JMFC Mudhol against the order of that Court dated 5-7-1983 issuing process against them for offences under Sections 447, 379 and 504 read with S. 149 J.P.C.

(2.) The Learned Magistrate took cognizance of this complaint under S. 190(IXa) of the Code of Criminal Procedure, 1973 (the code). On receiving the complaint he has taken the sworn statements of the complainnant and two others as provided in Section 200 of the Code.

(3.) The contention of the learned Counsel for the petitioners is that the Court below, not having properly applied its mind and wrongly coming to the conclusion that there is a prima facie case, has erred in issuing process against them. The learned Counsel, in the course of his arguments, took me through the complaint and the sworn statements (copies of which he has placed in the records). I have perused them.