NAZIMABEN PARVEZBHAI NATHANI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS petition is filed praying to quash and set aside the order dated 23.5.2012 passed by learned 9th (Ad -hoc) Additional Sessions Judge, Rajkot in Criminal Appeal No. 68 of 2008.

(2.) THE present petitioner is original complainant who lodged the complaint against respondent no. 2 for the offences punishable under Section 138 of Negotiable Instruments Act before the learned Chief Judicial Magistrate, First Class, Rajkot on 9.9.2004. After verifying the complaint, the process was issued and it has been numbered as Criminal Case No. 8242 of 2004. At the end of the trial, the learned trial Court convicted the present respondent no. 2 vide judgment and order dated 25.9.2008. The said judgment and order was challenged by the present respondent no. 2 before the appellate Court by filing appeal which was numbered as Criminal Appeal No. 68 of 2008. Relying upon the judgment delivered by the Hon'ble Apex Court in the case of Nitinbhai Saevantilal Shah V/s Manubhai Manjibhai Panchal, reported in : 2001(0) GLHEL -SC 50319, the learned 9th (Ad -hoc) Additional Sessions Judge, Rajkot quashed and set aside the judgment and order of conviction and directed the trial Court to proceed with the matter afresh and denovo trial be conducted. It is this order which is challenged in this petition.

(3.) LEARNED advocate for the petitioner submits that before the trial Court, the evidence is recorded on oath, cross -examination is also carried out by the learned advocate for the accused in great detail and the trial is not conducted in summary manner and thereafter the judgment is delivered and therefore the learned appellate Court has committed error in passing the order of denovo trial. Learned advocate for respondent no. 2 submits that legal and proper order is passed by the appellate Court and so considering the powers under Section 482 of Criminal Procedure Code, this petition deserves to be dismissed.