Judgment 1. This revision arises against the order of learned XI Metropolitan Magistrate, Saidapet, Chennai, passed in Crl.M.P.No.1658 of 2010 in C.C.No.7891 of 2010 on 21.07.2014. 2. This petitioner is the third accused in case pending trial in C.C.No.7891 of 2010 on the file of learned XI Metropolitan Magistrate, Saidapet, Chennai. The prosecution case is that the de facto complainant, who is the Managing Director of M/s.Neok Solutions, on seeing the advertisement given by M/s.Bingensys Technologies Pvt. Ltd., contacted and met the accused at Chennai. Assuring that they would obtain BPO project works for him, the accused induced the de facto complainant to part with a sum of Rs.14,70,000/-as commission and entered into an agreement without having any project work on hand. Likewise, the accused, under a false promise and using fake documents, received a sum of Rs.5,00,000/-from the witness K.Venugopal, Managing Partner of Tritone Solutions and thereby, cheated him. Similar offence was committed also against another. A case in Crime No.11 of 2010 on the file of the respondent for offences u/s.406 and 420 IPC was registered at the instance of the de facto complainant. Upon completion of investigation, a charge sheet was filed informing commission of offences u/s.420 r/w 34 IPC. The case was taken on file in C.C.No.7891 of 2010 on the file of learned XI Metropolitan Magistrate, Saidapet, Chennai. Pending such case, the petitioner has filed Crl.M.P.No.1658 of 2010 seeking discharge. Under orders dated 21.07.2014, the Court below has dismissed such petition. Hence, this revision. 3. Heard learned senior counsel for petitioner and learned Government Advocate (Crl.side). Perused the counter filed by the respondent. 4. Learned senior counsel submitted that the petitioner had been arrayed as an accused on the statement of one of the witnesses and to the effect that in the confession statement made by the first accused, such accused had informed that he held 99% of the shares while this petitioner held 1 % share in the company M/s.Bingensys Technologies Pvt. Ltd. and that some of the ill-gotten funds had been placed in the hands of the petitioner by the first accused. It is the submission of learned senior counsel that on such material, this petitioner cannot be arrayed as an accused. Learned senior counsel submits that the company has not been arrayed as an accused. 5. It is the submission of learned senior counsel that on such material, this petitioner cannot be arrayed as an accused. Learned senior counsel submits that the company has not been arrayed as an accused. 5. Learned Government Advocate (Crl.side), relying on the counter, raises strong objection informing that a prima facie case stands established against the petitioner and he would have to prove his innocence in the trial. 6. On perusal of the charge sheet and 161(3) Cr.P.C. statements of witnesses, it is seen that one of the witnesses informs of his being present when the confessional statement of the first accused was being recorded by the investigating officer, that such accused had informed of this petitioner being a 1% sleeping share holder' and that the first accused had left some of the ill-gotten funds with the petitioner. A confession to the crime made to the investigating officer cannot be used even against the confessor, much less against this petitioner. The statement of a witness informing a confession to a police officer would be in the nature of hearsay and inadmissible. In the absence of any other incriminating material, the prosecution of the petitioner cannot be sustained. 7. This Criminal Revision is allowed. The order of learned XI Metropolitan Magistrate, Saidapet, Chennai, passed in Crl.M.P.No.1658 of 2010 in C.C.No.7891 of 2010 on 21.07.2014, is set aside. The petitioner is discharged from the case. Consequently, connected miscellaneous petitions are closed. However, it is made clear that, if, in the course of trial, there is reason to suspect the involvement of this petitioner in the alleged wrong doing, it will always be open to the Court below to proceed under Section 319 Cr.P.C.