Mockett, J.

1. This is an appeal against the order of the learned District Judge of North Arcot directing that a complaint should be laid in the Court of the Magistrate having jurisdiction charging the petitioner with offences under Sections 199, 209, 210 and 420, Indian Penal Code. I think it is clear from the decision in Muniswami Mudaliar v. Rajaratnam Pillai (1922)43MLJ375 , that in sanctioning a prosecution the Court should consider not only whether there is a prima facie case but also whether it is, in the words of Coutts Trotter, J., in the above case, against the public interest to allow criminal proceedings to be instituted but which I respectfully suggest must also imply the consideration as to whether it is in the public interests they should be instituted. In this case the offence on which these complaints are based was committed between the 30th January, 1937, and 7th April, 1937. On the 9th April, 1937 the money said to have been obtained on 7th April, by means of the offences alleged was returned voluntarily by the petitioner to the Official Receiver. April 8 was a holiday. No action was taken by the present respondent until June, when an application is said t