Rameshwar Prakash vs Chief Judicial Magistrate and Another

C.A. Rahim, J.—Heard learned Counsel for the revisionist-applicant.

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 u/s 138 of Negotiable Instruments Act. He has not considered the other attending circumstances to consider whether there is prima 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 circumstances as to the absconding of the accused after closing the office along with misappropriation of huge amount should have been considered in arriving to such a conclusion. This is a stage where prima facie 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:

Accordingly, the revision is allowed. The order dated 6.5.1997, is hereby set aside. Let the District Judge, Bareilly transfer the case to any other Magistrate of the same rank for reconsideration of the protest petition and final report submitted in the case. The learned Magistrate shall go through all the materials available in the case diary including the statements. He shall also consider the circumstances including the allegations made in the protest petition and the first information report. After considering all these materials he shall pass necessary orders according to law. With the above observations, the revision is disposed of.