- (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. 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 peti tion and final report submitted in the case. The learned Magistrate shall go through all the materials available in the case diary in cluding the statements. He shall also con sider the circumstance including the allega tions 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. A certified copy of the order be is sued to the learned Counsel for the ap plicant on payment of usual charges within three days. Revision disposed of. .;