SAROJ SHARMA Vs. BABULAL

JUDGEMENT

(1.) BY this petition, the petitioner has challenged the legality and propriety of the order dated 27. 1. 2003 passed by the 4th Additional Sessions judge, Raigarh, in criminal revision No. 161/2002 affirming the order dated 23. 7. 2002 passed by the Chief Judicial Magistrate, Raigarh, in criminal case No. 1080/ 2002 whereby the learned Chief Judicial magistrate has registered criminal case against the petitioner for the offence punishable under Section 138 of the Negotiable instruments Act and Section 420 of the Indian Penal Code.

(2.) THE order is challenged on the ground that the Court below has committed grave irregularity resulting into miscarriage of justice by taking cognizance without any sufficient prima facie material and has overlooked the mandatory provisions of Section 202 of the Code of Criminal Procedure.

(3.) I have heard learned counsel appearing for the parties and perused the order impugned and copy of other documents filed on behalf of the petitioner.