JUDGMENT 1. - This miscellaneous petition is directed against the order dated July 16, 1991, passed by the Additional Chief Judicial Magistrate, Merta City, by which the learned Magistrate took cognizance against the accused-petitioners and issued bailable warrants in the sum of Rs. 200/- to procure their attendance. 2. Heard learned counsel for the petitioners. 3. At the time of taking the cognizance, the Court has only to see that whether from the evidence of the witnesses and the documents on record, any prima facie case to proceed against the accused is made-out. If there is a prima facie evidence to proceed with against the accused then the Court can take cognizance. Prima facie evidence means the evidence that is sufficient to establish a fact or to raise a presumption of truth of a fact unless controverted. The order taking cognizance is an ex-parte order and passed by the trial Court without giving any opportunity of hearing to the petitioners and, therefore, if the petitioners have any valid defence available to them then they can agitate their grievance before the learned trial Court and raise their objection and the learned trial Court will consider and decide all those objections raised by them at an appropriate stage. If after hearing the arguments, the Court is of the opinion that no case is made-out against the petitioners then it may discharge the accused-petitioners. But the cognizance taken by the learned Magistrate cannot be interfered with or quashed by this Court under its inherent powers at this stage. 4. In the result, the miscellaneous petition, filed by the petitioner has no merit and the same is hereby dismissed.Petition dismissed. *******