NATHEY RAM Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Heard learned Counsel for the parties.

(2.) By means of the present C482 application, applicant has put to challenge the order dtd. 17/8/2022, passed by 5th Additional Sessions Judge, Haridwar in Criminal Revision No.32 of 2022, Surendra Prakash Malik vs. State of Uttarakhand and another, whereby the revision-petition was allowed and the order dtd. 20/3/2021, passed by learned Additional Chief Judicial Magistrate, Haridwar in Criminal Complaint Case No.1234 of 2015, Surendra Prakash Malik vs. Nathey Ram, under Sec. 138 of Negotiable Instruments Act, 1881 was set-aside and the matter was remanded back to the learned trial court for re-consideration of the matter.

(3.) It is contended by learned counsel for the applicant that since the order passed by learned trial court was under Sec. 256 Cr.P.C. and the complaint filed by the respondent-complainant was dismissed, therefore, it amounts to acquittal. He further contends that against the acquittal, the remedy available to the respondent-complainant was only to file special leave to appeal under Sec. 378(4) Cr.P.C. along with appeal.