ORDER

This petition has been filed to set aside the order passed in CMP.No.4030 of 2016 in STC.No.738 of 2016 on the file of the Judicial Magistrate I, Padmanabhapuram dated 07.06.2018.

2.The grievance of the revision petitioner is that while prosecuting the respondent herein in a private complaint, arising out of Negotiable Instrument Act, during the midst of the trial, he came to know that the cheque issued by the accused is not related to the account maintained by him, but an account maintained by one Vanajakumari. The said fabrication act of fraud came to his knowledge only in the course of the trial. Therefore, the case which is tried as summary trial case has to be converted into warrant procedure case. Accordingly, he has filed an application under Section 259 Cr.P.C, but, the trial Court after considering the plea, has dismissed the petition on the ground that for conversion of summary trial case into warrant case there must be prima facie materials. Sofar as the averment made in the private complaint which is subject matter of STC.No.738 of 2016, prima facie material is only with respect to issuance of cheque and its dishonoring for want of fund. For the other allegations n