N.Rai, J.

1. The question for determination in this case is as to the scope and extent of power of the Chief Judicial Magistrate in a case referred to him under Section 325 of the Code of Criminal Procedure (hereinafter referred to as the Code). In other words, the question to be determined is as to whether after reference by a trying Magistrate under Section 325 of the Code the Chief Judicial Magistrate has to form his own opinion regarding the evidence on record and decide the matter independently or he has to dispose of the matter in terms of the finding of the guilt arrived at by the referring Magistrate at the time of the reference.

2. The facts necessary to appreciate the points are as follows:

(1) Respondent Gita Nand Jha at the relevant time was the Secretary of Dharhan Multipurpose Cooperative Society. He is alleged to have misappropriated Rs. 20,934/-. One Chandeshwar Pd. Sharma, the Cooperative Extension Supervisor, filed a written report alleging misappropriation of money against Gita Nand Jha and on the basis of which a F.I.R. under Sections 409 and 467, IPC was drawn up. Thereafter, the police after investigation submitted charge-sheet under the aforesaid sect