ORDER :

The petitioner is aggrieved of the order dated 01.12.2016 passed in Criminal Revision No.152 of 2015 by which his challenge to order dated 20.07.2015 rejecting his application for discharge under section 239 Cr.P.C. has failed.

2. Stand taken by the petitioner is that the uncontroverted materials such as the invoice dated 01.07.2013 which forms part of the case-diary and the fact that the loan amount has been withdrawn by the wife of the complainant have not been taken into account by the trial magistrate which renders the order dated 20.07.2015 unsustainable in law.

3. On the allegation that the petitioner was given Rs.1 lakh for fixed-deposit and he induced the complainant for arranging loan which was sanctioned however the loan amount was misappropriated by him, Complaint Case No.423 of 2014 was filed, which by an order dated 29.08.2014 was referred under section 156(3) Cr.P.C. to the police and accordingly Bermo P.S Case No.14 of 2015 was lodged in which after investigation charge-sheet was submitted against the petitioner for the offence punishable under section 420/468/506 I.P.C. Cognizance of the aforesaid offence was taken by the court on 28.04.2015 and the application