RAMESHWAR PRAKASH Vs. CHIEF JUDICIAL MAGISTRATE BAREILLY

JUDGEMENT

(1.) C. A. Rahim, J. Heard learned Coun sel for the revisionist- applicant.

(2.) PERUSED the copy of the statement and the first information report. By order dated 6-5-1997 the learned Magistrate has considered that at best it is a case which comes under Section 138 of Negotiable In strument Act. He has not considered the other attending circumstances to consider whether there isprima facie case of cheating etc. It is not a case where an isolated cheque has been issued in favour of a person and the same is dishonoured. The other circumstan ces as to the absconding of the accused after closing the office alongwith misappropria tion of huge amount should have been con sidered in arriving to such a conclusion. This is a stage wheteprimafacie case is to be seen. I do not consider that the order passed by the learned Magistrate has been passed after considering all the materials available in the case diary. So it is required for the ends of justice that reappraisal of the materials available in this case be made by the learned trial court.