1. I have heard Mr. K Bhuyan learned counsel for petitioner and Ms. S Jahan, learned Additional Public Prosecutor, Assam.

2. This criminal revision petition is directed against the order dated 04-04-2017, passed in CR Case No. 1097/2013, by the learned Additional Chief Judicial Magistrate, Darrang, Mangaldai.

3. The complaint case before learned Additional Chief Judicial Magistrate, Darrang, Mangaldai is against the petitioner/accused for commission of alleged offences under Sections 409/420 of the IPC.

4. The petitioner, herein, received an amount of Rs. 3,50,000/- from complainant/respondent No. 2 for purchasing a new MF 1035 tractor for him, in presence of witnesses, on 20-12-2010, undertaking to return the money to the complainant/respondent No. 2 with interest, if he fails to supply the tractor to him. The accused/petitioner did not purchase the tractor and misappropriated the money.

5. The learned Additional Chief Judicial Magistrate, Darrang, Mangaldai, took cognizance of the complaint against the accused/petitioner under Sections 409/420 of IPC and proceeded to examine the witnesses for the complainant/respondent No. 2.

6. After the complainant/respondent No. 2