The revision petitioner is the complainant in Crl.M.P. 1252 of 2007 filed under Sec. 190 Cr.P.C. with the following allegations:-

The complainant is the R.C. owner of a Tata Sumo bearing Reg. No. KL3P.7091. The accused agreed to give Rs. 20,000/- per month as monthly rent for using the vehicle and took the vehicle on hire from the complainant. The accused did not give the rent nor the vehicle back in spite of demand. The accused has thereby committed an offence punishable under Sec. 420 read with Sec. 106 I.P.C. The application may, therefore, be taken on file and forwarded to the police under Sec. 156 (3) Cr.P.C.

2. Along with the application, the complainant had also filed an application to issue a search warrant under Sec. 94 Cr.P.C.. The learned Magistrate issued a search warrant but the vehicle could not be traced out. After taking the sworn statement, the case was posted for enquiry under Sec. 202 Cr.P.C. In spite of posting the case for enquiry no witness was examined and the Magistrate, could not, therefore, conduct any enquiry. The only material before the Magistrate was the sworn statement of the complainant which did not reveal any offence. Under these circumst