( 1 ) THE petitioner was working as an Accountant in Dharamsinh Desai Foundation since 1971. Against him one Vithalbhai S. Patel filed a complaint before the Chief Judicial Magistrate Nadiad. The Chief Judicial Magistrate passed an order under sec. 156 (3) of the Criminal Procedure Code for investigation by the police. In the complaint it was alleged that the petitioner had committed an offence punishable under sec. 408 of the Indian Penal Code as he had misapp- roptiated the amount alleged in the complaint. The investigating officer submitted the charge-sheet on 18-1-83 for the offence punishable under sec. 408 of the Indian Penal Code Thereafter the case was registered as Criminal Case No. 350 of 1983. It is the say of the petitioner that his plea was recorded and some evidence was also taken by the learned Magistrates

( 2 ) THEREAFTER an application Ex. 31 was filed on behalf of the prosecution contending that investigating officer had not seized certain important documents and that it was necessary that investigating officer may be directed to make further investigation in the matter and should be directed to submit further charge-sheet in the interest of justice a