1. This application has been filed for quashing the order dated 23.7.2001 passed by the Judicial Magistrate, Ist Class, Jehanabad in G.R. No. 1037/98 (Tr. No. 745 of 2001) whereby the prayer made by the petitioner for discharge, has been rejected.

2. Short facts giving rise to the present application are that on the basis of a report given by the Director, National Employment Scheme, Karpi P.S. Case No. 71/ 98 dated 21.7.1998 was registered under Section 409 of the Indian Penal Code, against the petitioner.

3. According to the prosecution, for Makhmilpur Ware Project, a sum of Rs. 9,49,150/- was made available to the petitioner on different dates for the execution of the said scheme. On inquiry, it was found that the petitioner had shown expenditure of Rs. 8,17,218.69 but actually a sum of Rs. 73,40,050.75 has only been spent in the scheme. Prosecution story further is that cement of Rs. 83,163.75 was purchased from the fund allocated to this scheme but the said cement was not utilised in this Scheme and the petitioner had wrongly shown that the said cement was utilised in this scheme. Police, after investigation, submitted charge-sheet against the petitioner and he was ult