DHARMESH BHOGILAL PATEL Vs. MANISHBHAI GANDABHAI PATEL

JUDGEMENT

(1.) The criminal appeal has been filed by the appellant (original complainant) challenging the impugned order dated 18.08.2018 passed by the learned Additional Chief Metropolitan Magistrate, Negotiable Instruments Act, Court No.28, Ahmedabad (hereinafter referred to as "the Court below") at Exhibit 1 in Criminal Misc. Application No.500/2014, whereby the Court below has dismissed the complaint of the appellant original complainant under Section 256 of the Criminal Procedure Code (hereinafter referred to as "the Cr.P.C.") and acquitted the respondent (original accused) from the charges levelled against him under Section 138 of the Negotiable Instruments Act (hereinafter referred to as "the N.I. Act").

(2.) At the outset, learned advocate for the appellant submits that though he had challenged the impugned order dated 06.02.2020 passed by the Court below in Criminal Misc. Application No.500/2014, he does not press for the said challenge. The learned advocate Mr.Dave has conceded that the Trial Court did not have any power to review it's own order. Accordingly, the prayer with regard to the quashing of the order dated 06.02.2020 passed by the Court below in Criminal Misc. Application No.500/2014 is dismissed as not pressed for.

(3.) As regards the impugned order dated 18.08.2018 passed by the Court below at Exhibit 1 in Criminal Misc. Application No.500/2014, it appears that the same has been passed invoking Section 256 of the Cr.P.C. which reads as under:-