1. The brief facts for disposal of this petition are that the applicant No.2. Dr. Manwendra Kumar filed a complaint vide Complaint Case No. 1786 (c)/2001 before the learned Chief Judicial Magistrate. Patna, inter alia, pleading that the complainant is a Member of the Indian Medical Association (in short the IMAJ. the present applicant Dr. Prem Agrawal was working as Secretary General for the year 1999-2000. In the year 2000 on behalf of the IMA he arranged a function called ACADIMA-2000 at Delhi. The entry fee and representative fee was fixed; Dr. Prem Agrawal was authorised to collect the funds and spend the same in accordance with the requirement. The allegations are that Dr. Prem Agrawal collected almost about One crore rupees and did not account for the same. After completion of the event a Fact. Finding Committee was constituted which found that Dr. Prem Agrawal had misappropriated a sum of Rs. 40 lacs etc. The learned Chief Judicial Magistrate took cognizance of the complaint and transferred the case to the court of Sri. P.N. Sharma. Judicial Magistrate 1 st Class. Patna.

2. The complainant and his witnesses were examined before the transferee court. After hearing the