G.N. Prasad, J.

1. This application is directed against an ORDER :dated the 16th December, 1968, whereby by the Sub-divisional Magistrate of Patna has taken cognizance of offences under Sections 403, 406 and 409 of the Indian Penal Code, appearing to have been committed by the petitioner, upon a complaint of the opposite party no. 1.

2. In substance, the case sought to be made out by the complainant is that the petitioner in the capacity of being a Minister of the Government of Bihar, holding the portfolios of the departments of Public works, Mines and Geology took an advance of a sum of Rs. 22,800/-from the Government in ORDER :to meet the costs of a projected tour to the United States of America. This advance was taken by the petitioner on the 23rd November, 1967. The proposed tour did not, however, materialise and, therefore, under the relevant rules governing such advances, the petitioner was bound to refund the entire money to the Government immediately. The petitioner did not, however, refund the money and, therefore, on the 7th March, 1968, the Secretary of the Finance Department, Government of Bihar, addressed a communication to the petitioner to make the refund. Ev