M.J. RAVINDRA REDDY Vs. G. CHANDRAPPA

JUDGEMENT

(1.) THIS petition under Section 482 of the Cr.P.C. is filed by the complainant who had initiated prosecution of the respondent for offence under Section 138 of the Negotiable Instrument Act through private complaint submitted under Section 200 of the Cr.P.C. Heard on both sides.

(2.) FROM the submission of the learned counsel for the petitioner and the records, it could be seen the private complaint presented under Section 200 of the Cr.P.C. to prosecute the respondent for offence under Section 138 of the Negotiable Instrument Act resulted in jurisdictional Magistrate taking cognizance and issuance of summons for securing the presence of the accused.

(3.) THE petitioner preferred revision before the learned Sessions Judge in Crl.R.P. No. 101/2011. The learned Judge of the revisional Court considering the disputed facts opined the order of Magistrate is passed under Section 256 of the Cr.P.C. and thus revision was not maintainable The petitioner to seek remedy of appeal. Despite such clarity in the order of the learned Sessions Judge, the petitioner did not prefer any appeal as is permissible under law, but filed petition under Section 482 of the Cr.P.C.