SHIV GUPTA Vs. STATE OF RAJASTHAN AND ANR.

JUDGEMENT

(1.) This criminal miscellaneous petition is directed against the order dated 16.4.94 passed by Additional Chief Judicial Magistrate, Bikaner, (hereinafter referred to as the trial court) whereby the trial court took cognizance for offence under Sec. 406 I.RC. against the petitioner.

(2.) I have heard learned counsel for the parties. Perused the order impugned carefully.

(3.) The trial court on perusal of statements of prosecution witnesses recorded under Sec. 161 Cr.RC. namely Harbanslal and Madho Singh and other material, came to conclusion that prima facie offence under Sec. 406 I.P.C. is made out against the petitioner. By a detailed order, the trial court took cognizance of offence noticed above against the petitioner. The order taking cognizance is revisable.