RAJESH AMBASHANKER NAGAR Vs. JAYESH CHANDULAL SHAH

JUDGEMENT

(1.) Rule. The original respondent No. 1 in Special Criminal Application No. 1149 of 1996 has filed the present application.

(2.) The applicant wants me by this application to review the judgment delivered by me on 3rd October, 1996 in view of the decision of the Apex Court in the case of Common Cause, A Registered Society v. Union of India, 1997 Cri. LJ 195 : 1997(2) GLR 1302.

(3.) The earlier Special Criminal Application No. 1149 of 1996 was filed by respondent No. 1 in this review application seeking quashing of the said proceeding of Criminal Case No. 174 of 1991 which was registered on the strength of a private complaint lodged by the present applicant before me on the basis of the decision of the Apex Court in the case of Common Cause, A Registered Society v. Union of India and Ors., AIR 1996 SC 1619 : [1997(2) GLR 1297]. In the said case of AIR 1996 SC 1619 : [1997(2) GLR 1297] the Apex Court had laid down certain criteria and directions for disposal of the criminal cases in view of the piling up of cases in the lower Courts and in the said case of AIR 1996 SC 1619 in para 4, the Apex Court had laid down that the directions given in the said case were not applicable to certain cases and offences and in the said para 4, the "economic offences" were one of the "exceptional offences". It was contention of the present applicant before the learned Metropolitan Magistrate as well as before this Court that the offence punishable under Sec. 138 of the Negotiable Instruments Act was an economic offence. The said contention was accepted by the learned Metropolitan Magistrate but this Court had considered the provisions of Secs. 138 to 142 of the Negotiable Instruments Act as well as the provisions of the Economic Offences (In applicability of Limitations) Act, 1974 and had recorded finding that the offence punishable under Sec. 138 of the Negotiable Instrument Act will not amount to an economic offence.