JUDGMENT :

RICHARDS, J.

1. This is an application in revision to set aside two orders of Mr. Harper, a Magistrate of the first class, Cawnpore, and an order of the Sessions Judge of Cawnpore, upholding the said two orders. The facts are shortly as follows:—On the 21st of January of the present year, one Nanhe Mal presented a complaint to Mr. Harper, charging Mul Chand, the applicant here, with an offence under section 409, Penal Code, 1860, the allegation being that he as manager or the managing director of a certain company in which Nanhe Mal was a shareholder, had misapplied funds belonging to the company. At the same time an application was made to the Magistrate to issue a search-warrant. In the order of the 26th of January of the present year, the learned Magistrate sets forth what he says, were the circumstances. He says:—

“On the 21st instant one Nanhe Mal came to court and presented a petition to the effect that his fellow-company director, Mul Chand, had committed criminal breach of trust as regards the sum of Rs. 90,000 and he prayed that criminal proceedings under section 409, Penal Code, 1860, might be instituted. He also presented an application stating that he would be a