(1) This criminal revision is directed against the order dated 3. 7. 2009 passed by Smt. Mamta shukla, the Judicial Magistrate First Class, mahasamund in Criminal Case No. 167/ 2009, whereby the application under Section 437 (6) of the Code of Criminal Procedure (henceforth 'the Code') filed by the petitioner was rejected.

(2) Brief facts are that the petitioner, a transporter having 16 trucks was entrusted with the work of transporting foodgrains from various godowns of Chhattisgarh State civil Supplies Corporation under various agreements. It is alleged by the prosecution that between 19. 1. 2008 to 29. 2. 2008 after loading huge quantities of rice from the concerned godowns of Chhattisgarh State Civil supplies Corporation for delivering at destination at different remote places, the petitioner misappropriated and did not deliver rice worth Rs. 64,34,160 loaded in 16 different trucks to their destination and produced false receipts showing that the consignments have been delivered and realised transportation charges.

The petitioner was arrested on 16-8-2008. Criminal prosecution under Sections 407, 409, 420, 467, 468, 471, 120b and 411 of the Indian Penal Code was launch