SHAILESHKUMAR MAGANLAL MISTRY Vs. MEMON SABIRBHAI

JUDGEMENT

(1.) The petitioner being aggrieved by judgment and order of acquittal passed by the learned Judicial Magistrate First Class, Idar dated 01.10.2005 below Exh.16 in Criminal Case No.1897 of 2003 is before this Court.

(2.) Short facts giving rise to the present proceedings are that the petitioner ? original complainant had filed complaint against the accused for the offence under Section 138 of the Negotiable Instruments Act. The accused preferred an application Exh.16 under Sections 258 and 155 of the Criminal Procedure Code and prayed that the proceedings be closed and the accused (applicant of Exh.16) be acquitted. The learned Judicial Magistrate First Class taking into consideration the submissions made on behalf of the accused and after mentioning the submissions made on behalf of the complainant, referring to the decision cited before him, allowed the application.

(3.) Initially, the applicant/petitioner had preferred Criminal Appeal No.193 of 2006 against this judgment and order, which was later on withdrawn on 18.04.2006 with a view to avail the appropriate remedy before the appropriate forum under the law, applicable to the subject matter. Subsequently, present revision application was filed which was delayed and hence, Criminal Misc.Application No.8189 of 2006 was filed seeking condonation of delay. Criminal Misc.Application No.8189 in this Criminal Revision Application was allowed by order dated 13.09.2006.