BADAR DURREZ AHMED, J.

( 1 ) THE petitioner is aggrieved by the order on charge dated 08. 07. 2005 and the charge itself framed on 12. 07. 2005.

( 2 ) THE charge framed by the learned Metropolitan Magistrate on 12. 07. 2005 in respect of the petitioner and co-accused Pankaj Sikka reads as under:

"that both of you in furtherance of your common intention on or about April 1997, you Archna being Clerk and you accused Pankaj Sikka being in charge of office of M/s Una Himancha finance and Investment Company Ltd and in such capacity entrusted with the property namely the cheque book of CC account no. 5525 maintained by the complainant with Canara Bank, Uttam Nagar in furtherance of your common intention committed criminal breach of trust with respect to the cheque bearing no. 492337 dated 7. 4. 1997 amounting to Rs. 45,000/-and that you have thereby committed an offence punishable u/s 408/34 IPC within the cognizance of this court. And I hereby direct that both of you be tried for the said offence by this court. "

( 3 ) THE facts necessary for disposal of this petition are that an FIR no. 550/97 was registered with Police Station Vikas Puri. The said FIR was registered on the basis of a