Nripendra Kumar Bhattacharyya, J.

1. By this revisional application the accused petitioner has challenged the proceeding in Case No. C.939 of 1992 pending in the court of the learned Metropolitan Magistrate, 5th Court, Calcutta.

2. In order to appreciate the point of law in this case, a short resume of the fact is necessary and it is delineated hereunder :-

3. The accused petitioner before this Court during the relevant time was Additional Chief (Marketing) Chemical Division of the Central Marketing Organization of the Steel Authority of India Limited at Calcutta and was posted in the office of the Steel Authority of India at its Calcutta Office. As a matter of general transfer he was transferred to the Central Marketing Organization at its office at Madras. The petitioner moved against such order of transfer before this Court in its writ jurisdiction but in vain. Thereafter, the accused petitioner applied for travelling allowance for undertaking his journey from Calcutta to Madras and the Steel Authority of India made such payment of Rs. 32,084/- only as travelling allowance by cheque No. 53:5823 dated 10.12.90. In the petition of complaint it has been alleged that though t