VASANTKUMAR A SHAH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Present petitioner-orignal accused of Criminal Case No.1 of 1993 has preferred the present Special Criminal Application against the judgment and order passed by the learned Sessions Judge, Mehsana in Criminal Revision Application No.142 of 1993 whereby he has dismissed the said application filed by the present petitioner against the common order passed by the learned Judicial Magistrate (First Class), Kalol upon Exs.8, 11 and 20 of Criminal Case No.1 of 1993. The learned Judicial Magistrate (First Class) allowed the application Ex.20 filed by the complainant for condonation of delay by condoning the delay, but he has rejected the application Ex.8 filed by the present accused for discharging him from the above criminal case. He has also rejected the application Ex.11 filed by the complainant praying that if Court comes to the conclusion that delay caused in filing the complaint cannot be condoned, then complaint may be treated to be under Sec.420 of Indian Penal Code.

(2.) I have heard Mr.Y.U.Brahmbhatt, learned advocate for the petitioner and Mr.S.J.Dave, learned APP for the respondent No.1-State. The respondent No.2-original complaint was duly served. He has chosen not to appear either personally or through advocate in the Court.

(3.) It appears that no revision or any other proceedings was initiated by the complainant against the order passed by the learned Judicial Magistrate (First Class) rejecting the application Ex.11 filed by him, and, therefore, said order remained unchallenged. Criminal Revision Application No.142 of 1993 was filed by the present petitioner before the Sessions Court challenging the order passed by the Court below upon Exs.8 and 20.