JUDGMENT 1. - This petition under section 482 Cr.P.C. has been preferred against the order dated 13.7.1998 whereby the learned Addl. Chief Judicial Magistrate, Jalore has passed an order taking cognizance against the petitioners for the offence under sections 447 & 427 IPC on finding a prima fade case on the basis of the statement of complainant and the witnesses Khangara and Kanhaiya Lal. In this view of the matter, I do not see any reason to interfere in the order of taking cognizance under section 482 Cr.P.C. However, the learned counsel for the petitioner submitted that the institution of the proceedings is time barred. Moreover, a civil suit is pending between the parties and this fact also requires consideration before taking cognizance. The above two contentions can be raised by the petitioner before the learned Addl. Chief Judicial Magistrate, Jalore after appearing in that Court in this case by filing an application which can be decided in accordance with law. Hence this petition is hereby disposed of with the direction that the petitioners shall be at liberty to take above two contentions by filing an application before the trial Court and the trial Court shall dispose of the objections after hearing the parties in accordance with law. 2. The petition is disposed of accordingly.Petition disposed. *******