PRAKASH ELECTRICALS Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) By means of the present C482 application, the applicant is seeking following reliefs:-

(2.) The facts in brief are that the present applicant is impleaded as an accused in a complaint under Sec. 138 Negotiable Instruments Act, 1881 bearing Criminal Case No.1577 of 2022. The dispute arose when the present applicant moved an application under Sec. 311 Cr.P.C. seeking the re-examination of present respondent no.2. The said application was allowed vide order dtd. 28/10/2023. The respondent no.2 thereafter, against the said order moved a revision under Sec. 397 Cr.P.C. before the learned District and Sessions Judge, Tehri, which was allowed by the learned District and Sessions Judge, Tehri vide order dtd. 23/2/2024 and thereby set aside the order passed by the learned Trial Court.

(3.) The counsel for the applicant submits that the learned revisional court has committed a grave irregularity by allowing the said revision as the order dtd. 28/10/2023 passed by learned Trial Court in which Sec. 311 application was allowed was a interlocutory order and Sec. 397(2) clearly bars any revisional court to interfere with an interlocutory order.