JUDGMENT

S. S. Ganguly, J.-The opposite party lodged a complaint in the court of the learned Additional Chief Judicial Magistrate, Sealdah alleging that the present petitioner had induced him to pay to the petitioner 3,500/- by three cheques on his representation that he would effect some required repairs to his wife's house situated at 32, Gouribari Lane, that he did not do the promised repair work and that ultimately he denied receiving the money. On the self same facts as also adduced by the opposite party and his three witnesses the learned trying Magistrate has drawn a charge in two heads under section 403 and 420 of the Indian Penal Code. Hence, this revisionary application for quashing the charge and the entire proceedings. It is urged from the side of the petitioner that the facts alleged and established by evidence do not make out a case of criminal misappropriation of property (section 403) or cheating (section 420).

2. The opposite party says in his evidence before the learned Magistrate that the petitioner denied receiving the amount. But his two witnesses say otherwise. Jugal Kishore Ghosh (P.W. 3) says that when the opposite party demanded back the amount of Rs. 3, 50