SHILPA Vs. MITHLESH

JUDGEMENT

(1.) The present petition under Sec. 482 of the Cr.P.C. has been filed against the order passed by the Revisional Court i.e. Additional Sessions Judge, Rajnandgaon in Criminal Revision No. 32/2016 (Mithlesh vs Shilpa) mainly contending that the learned Second Additional Sessions Judge, Rajnandgaon vide its order dtd. 19/5/2017 has allowed the revision filed by the respondent against the order dtd. 3/3/2016 passed by learned Judicial Magistrate First Class, Rajnandgaon by which complaint filed by the respondent has been dismissed before registration. The Revisional Court has restored the criminal complaint filed by respondent under Sec. 138 of the Negotiable Instrument Act, 1881.

(2.) This Court has issued notice to the respondent for appearance and copy of the notice was received by the respondent, despite this, no one represent the respondent.

(3.) The petitioner has remedy of filing of revision under Sec. 401 of Cr.P.C. therefore, present CRMP under Sec. 482 of Cr.P.C. is not maintainable.