Dipak Misra, J.

1. Legality of the order dated 16-1-1997, passed by the learned IV additional Sessions Judge, Chhatarpur in Cr. R. No. 50/96 reversing the order dated 1-2-1996, passed by the learned Judicial Magistrate First Class, Chhatarpur in an unregistered complaint case is called in question by the present revisionist.

2. The essential facts giving rise to the present revision are that the non-applicant as complainant filed a criminal complaint for offences Under Sections 406, 420, 465 and 120B of the Indian Penal Code (in short 'the IPC) against the present petitioner and 2 others alleging that a Banker's cheque duly crossed was issued by the competent authority of the Education, District Chhatarpur in the name of the Head Master, Primary School, Dhadari amounting to Rs. 10,000/- for construction of School building. The aforesaid cheque was sent to the Head Master of the Govt. Middle School, Dhadari who was to hand over the said cheque to the Head Master, Govt. Primary School, Dhadari, but, instead of doing so he deposited the cheque in the account of the Head Master of Govt. Middle School, Dhadari in the State Bank of India, Chhatarpur. It was alleged in the complaint