AFTAB KHAN Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The present Criminal Miscellaneous Application under Sec. 482 Cr.P.C. has been filed by the applicant seeking to quash the impugned order dtd. 17/11/2014 passed by the learned 2nd Additional Sessions Judge, Haridwar, whereby the revision filed by the complainant was allowed, setting aside the discharge order of the applicant and directing a retrial of the matter.

(2.) The facts, in brief, are that the applicant was facing trial in Case Crime No./FIR No. 328 of 2011, registered under Sec. 138 of the Negotiable Instruments Act at Police Station Kotwali Ranipur, District Haridwar. The trial court, after considering the alleged payment of the cheque amount with interest, discharged the accused. The complainant preferred a criminal revision before the Sessions Court, contending that the discharge was against the settled principles of law. The learned 2nd Additional Sessions Judge allowed the revision and remanded the matter for a fresh trial.

(3.) The applicant challenges the said order primarily on the ground that the revision was not maintainable, and the trial court had rightly accepted the payment and discharged him from further liability. It is argued that the impugned order is legally unsustainable and liable to be quashed.