- (1.) 1.Heard both sides.
(2.) THE present petition has been preferred by the petitioner against the order dated 5.1.2004 by which the learned court below has refused to discharge the petitioner under Section 239 Cr.P.C. According to Mr. Roy, learned counsel for the petitioner, the learned court below has committed an error on record by not considering the facts on record that the petitioner has filed a case against the informant of this case on the same day dated 18.7.2002 registered as Kotwali P.S. Case No. 374/2002 in which the police has submitted charge sheet against the informant. It was further pointed out that prior to this FIR the petitioner has already moved the Labour Commissioner, Ranchi as well as Industrial Tribunal alleging ill -treatment by the opposite party no. 2 withholding his salary etc., after which the present false case has been lodged against him. According to Sri Roy, the learned trial court has ignored all these facts and relied upon the statement of one witness holding that prima facie case has been made out.
(3.) LEARNED APP opposed this contention on the ground that the learned court below, having considered the materials on record, found that evidences were sufficient to frame charge against the petitioner for the alleged cheating, forging and misappropriation of money of the agency, where he was employed.;