MUKESHBHAI HARIKISHANBHAI GEHNANI Vs. KEVIN RAMESHBHAI DEKIVADIYA

JUDGEMENT

(1.) This appeal has been filed at the instance of the original- complainant under Sec. 378 of Criminal Procedure Code challenging the order dtd. 9/8/2021, passed by the 3 rd Judicial Magistrate First Class, Junagadh in Criminal Case NO. 2332 of 2018. By the said order learned Magistrate had proceeded to dismiss the complaint arising out of Sec. 138 of Negotiable Instruments Act, by resorting to the powers conferred under Sec. 256 of the Criminal Procedure Code, resulting into the acquittal of respondent- original accused.

(2.) It transpires from the record that initially the complainant had approached the Court of District and Sessions Judge, Junagadh by filing Criminal Revision Application No. 13 of 2021, which was preferred on 13/10/2021. The notice issued by the learned Sessions Judge in the aforesaid revision application was duly served upon respondent accused. The respondent had raised objection before the learned Sessions Judge, with regard to maintainability of the aforesaid Revision application under Sec. 397 of the Code. After hearing the learned advocates appearing for the respective parties and having examined the record, the learned Sessions Judge, Judnagadh by order dtd. 3/2/2023 had rejected the said Revision Application as found not maintainable. It is in this background of the facts, the complainant has approached this Court with delay of almost 16 days.

(3.) This Court had considered the aforesaid explanation offered by the complainant and had condoned the delay. The application seeking leave to appeal being CRMA No.9087 of 2023 was accepted by this Court vide order dtd. 14/6/2023. Notice for final disposal was issued in the present appeal taking into consideration the nature of dispute involved. The Record and Proceedings were directed to be called for which has been received.