PARASNATH NAIK Vs. DURGA PRASAD NAIK

JUDGEMENT

(1.) This revision is directed against the order dated 28-5-2010 passed in Criminal Revision No. 27/2010 by the Fourth Additional Session Judge (FTC), Raigarh. By the impugned order the learned Session Judge has directed the Trial Court to take evidence of the parties on the preliminary objection taken by the respondent/accused in a complaint under Section 138 of the Negotiable Instruments Act, 1881 pleading that the complaint itself was not maintainable, and to decide the same after taking evidence of both the parties at preliminary stage.

(2.) The facts, briefly stated, are as under :-

(3.) Mr. Roop Naik, learned Counsel appearing on behalf of the applicant, argued that the cases of Negotiable Instruments Act are to be tried summarily and there is no provision for recording evidence on preliminary objection, therefore, the direction issued by the Session Court is bad in law and the same deserves to be set-aside.