PUNJAB NATIONAL BANK Vs. SATENDER KUMAR GARG

JUDGEMENT

(1.) THIS is petition under section 482 Cr. P.C. against the order dated 19.11.2011 of ASJ whereby the revision petition filed by respondent against the order dated 19.07.2011 of MM dismissing his complaint under section 500 IPC, was allowed. The respondent was empanelled Advocate of the petitioner bank. He was depanelled by way of a circular issued by the petitioner. He alleged the said circular to be defamatory and filed a complaint under section 500 IPC against H.M. Bali, Assistant General Manager of the petitioner bank. Ultimately vide order dated 19.07.201, the said complaint was dismissed by the MM. While dismissing the complaint, the MM reasoned as under:

(2.) THE petitioner filed a revision petition against the said order of the MM. Vide the impugned order dated 19.11.2011, the ASJ set aside the order dated 19.07.2011 of the MM and remanded the case back to him observing as under:

(3.) ON the other hand, learned respondent counsel submitted that present petition was premature since the summoning order was not yet passed by the Magistrate. It was also submitted that the petitioner bank has no locus standi to challenge the order of ASJ. It was also submitted that there was no illegality or infirmity in the order of the ASJ.