ASHOK KUMAR AGARWAL Vs. STATE

JUDGEMENT

(1.) THIS revision, filed under Section 397 read with Section 401 of Code of Criminal Procedure, 1973, is directed against the judgment and order dated 7.7.2000, passed by Sessions Judge, Udham Singh Nagar, in Criminal Revision No. 2153/2000 whereby the said Court allowed the revision filed by the accused/respondent No. 2 Mahendra Kumar Agarwal, setting aside the order dated 1.8.1998, passed by Additional Chief Judicial Magistrate, Kashipur, rejecting the objection/protest petition of the accused in Criminal Complaint Case No. 692 of 1997, relating to offence punishable under Section 138 of Negotiable Instruments Act, 1881.

(2.) HEARD learned Counsel for the parties.

(3.) IT appears that the accused filed the objections on 16.4.1998 to the criminal complaint challenging the maintainability of the criminal complaint and praying for setting aside the order summoning the accused. After hearing the parties, the Additional Chief Judicial Magistrate, Kashipur, before whom criminal complaint was pending dismissed the objections vide his order dated 1.8.1998. Aggrieved by said order Criminal Revision No. 63 of 2000 was filed by the accused Mahendra Kumar Agarwal before Sessions Judge. Learned Sessions Judge after hearing the parties allowed the revision and set aside the order dated 1.8.1998, and further dismissed the criminal complaint filed by the complainant. Hence this criminal revision was filed by the complainant Ashok Kumar Agarwal before Allahabad High Court on 28.9.2000, from where it is received by transfer under Section 35 of U.P. Reorganisation Act, 2000 (Central Act No. 29 of 2000) for its disposal.