DHANESH LABHSHANKER BHATT Vs. NIRMALABEN ARVIND CHUDASAMA

JUDGEMENT

(1.) Petitioner is the original accused. He has challenged the order dated 22nd May 2003 passed by the learned Sessions Judge, Kutch-Bhuj in Criminal Revision Application No.36/02. The present respondent No.1 is the original complainant. She had filed a complaint of cheating and misappropriation against the present petitioner before the Court of Judicial Magistrate, First Class, Mundra. In the said complaint, however, after examining the complainant, the learned Magistrate was pleased to pass an order dated 1.6.02 dismissing the complaint under section 203 of the Criminal Procedure Code. In the said order, the learned Magistrate was pleased to observe that prima facie ingredients of such offence are not made out. He was of the opinion that there are material contradictions in the statement of the complainant and there is no prima facie evidence of cheating. On these grounds, the complaint was dismissed.

(2.) The complainant approached the Sessions Court by filing the above mentioned Criminal Revision Application challenging the decision of the Magistrate. The learned Sessions Judge set aside the order of the Magistrate and ordered to issue process for offence under section 406 of the IPC. He also directed the trial Court to decide whether the original owner was an accomplice or not.

(3.) Against the decision, the original accused has approached this Court by filing the present revision application.