RAVI KUMAR Vs. MANOJ KUMAR SONI

JUDGEMENT

(1.) Heard on admission as also on the maintainability of the instant Cr. Revision.

(2.) Brief facts as required for adjudication of the instant Cr. Revision are that before the Judicial Magistrate First Class, Raipur (CG), an unregistered Cr. Complaint Case ( Manoj Kumar Soni Vs. Ravi Kumar) was filed on 3rd April, 2013. The trial Court after hearing the matter for taking cognizance held that the information for service of notice to accused has been received to the complainant on 6.9.2012, even then also the Complainant filed the Complaint on 3.10.2012. The delay prima facie cannot be held as bonafide mistake, hence, dismissed the Complaint as barred by limitation. Against the said order, the Complainant/ revisioner filed Cr. Revision No.151/2013 before the Second Additional Sessions Judge, Raipur (CG), who vide order dated 29.1.2016 allowed the revision imposing cost of Rs.5,000/ - and directed the trial Court to pass order as per law on the application filed under Section 142 of the Negotiable Instruments Act, 1881(for short the Act of 1881) and further directed to proceed as per law for the original case under Section 138 of the Act of 1881. Against the said order, the petitioner/ accused had filed the instant Cr. Revision wherein it is prayed that the order dated 29.1.2016 be quashed and the order passed by the trial Court dated 3.4.2013 may be restored.

(3.) Heard learned counsel for the petitioner.