SHAMJIBHAI VIRJIBHAI GOHEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioners have filed this application under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973 and have challenged the judgment and order dated 19th October 2006 passed by the learned 3rd Additional Sessions Judge, Veraval, in Criminal Revision Application No.42 of 2006 whereby the judgment and order dated 10th March 2006 passed by the learned Judicial Magistrate First Class, Veraval, in Criminal Case No.1100 of 2005 has been confirmed.

(2.) Respondent No.2-original complainant filed a complaint under Section 138 of the Negotiable Instruments Act in the Court of learned Judicial Magistrate First Class, Veraval, and it was registered as Criminal Case No.1100 of 2005. The learned Magistrate issued process against the petitioners-accused. Pursuant to that, the accused appeared in the Court and gave application, Exhibit 6, to recall the order of process and to drop the proceedings against them. The trial Court, after hearing the parties, discharged the original accused Nos.3 to 5 from the proceedings.

(3.) Being aggrieved by the said decision, the petitioners preferred Criminal Revision Application No.42 of 2006 before the Sessions Court, Veraval. The accused, who were not discharged, also preferred Criminal Revision Application against the impugned order. After hearing the parties, the learned 3rd Additional Sessions Judge, Veraval, by his judgment and order dated 19th October 2006, allowed the Revision Application and set aside the order passed by the trial Court below Exhibit 6 and directed the lower trial Court to proceed against the accused in accordance with law.