ORAL JUDGMENT: 1. Rule. Heard finally with consent of the parties. 2. This petition is under Section 482 of Cr.P.Code read with Article 226 and 227 of the Constitution of India. 3. The petitioner/complainant had filed a First Information Report (FIR) bearing No.28/2007 with the Police Station, Khamgaon city. Accordingly, an offence was registered by the police under Sections 420 read with 34 of the Indian Penal Code. After completion of the investigation, the police have forwarded 'C' summary to the magistrate. 4 The magistrate granted 'C' summary and being aggrieved by that order, this petition has been preferred. 5. I have heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the State. Criminal writ petition no.518 of 2007. 6. It was contended on behalf of the petitioner that before any magistrate grants any summary, it is obligatory on his part to have issued a notice to the complainant and to have heard him. It was brought to my notice that no notice was issued to the petitioner/complainant. The petitioner was not at all heard. The learned counsel for the petitioner relied on the decision of the Supreme Court reported in AIR 2004 SC 4753 (Gangadhar Janardan Mhatre ..vs.. State of Maharashtra and ors.), wherein it is held by Their Lordships of the Supreme Court that whenever the magistrate chooses not to take cognizance or to grant summary, it is obligatory on his part to have issued a notice to the complainant before grant of such summary. In the instant case, admittedly, no notice was given to the petitioner/complainant. In the circumstances, the order granting summary suffers from illegality. As such it needs to be set aside. Hence, the order. i) The order passed by the learned magistrate granting 'C' summary in Crime No.28/2003 registered by Khamgaon City police Criminal writ petition no.518 of 2007. is set aside. ii) The matter is sent back to the magistrate. iii) The magistrate shall issue notice to the complainant i.e. the petitioner and then decide as to whether 'C' summary should be granted or not. iv) If the petitioner appears before the magistrate voluntarily, the magistrate may not issue notice to him. v) The petitioner may appear before the magistrate on 22/10/2007. vi) The magistrate may decide the matter within period of four months preferably.