Respondent is the complainant. He filed a private complaint under Section 200 of the Criminal Procedure Code, 1973 for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881. In support of the complaint, his sworn statement was recorded and documents connected with the offence were also produced.

2. The learned Magistrate by his order dated 16-9-2006 directed the registratio\1 of the complaint and also issue summons in terms of the following order:

"On perusal of the sworn statement and the available records, the complainant has made out a prima facie case against the accused and there are sufficient material grounds to proceed against the accused for the offence punishable under Section 138 of the N.!. Act. In the result, I proceed to pass the following order:

ORDER

Register the case against the accused as C.C. in register No.3 under Section 138 of the N.I. Act and issue summons to accused, returnable by 16-1-2007".

3. Learned Magistrate while exercising power under Section 200 of the Cr. P.C. is required to consider the averments in the complaint, sworn statement and the material and has to satisfy himself as to whether there is a prima facie case made o