JAYESHBHAI PURSHOTTAMBHAI PATEL Vs. VIRENDRAKUMAR KANUBHAI PATEL

JUDGEMENT

(1.) Heard Mr.Asim Pandya for Mr.V.H.Patel appearing on behalf of petitioner. Rule. Ld.APP-Mr.A.J.Desai appears and waives service of rule on behalf of respondent No.2-State. Mr.Karia who initially appeared in response to show cause notice on behalf of respondent No.1 waives service of rule on behalf of respondent No.1. By consent of learned advocates appearing for parties matter is finally heard.

(2.) The petitioner has challenged the legality and propriety of the order passed by the Ld.Sessions Judge, Anand, dated 30.4.97 in the proceedings of Criminal Revn.Appln.No.112/95.

(3.) The present petitioner along with one Dilip Ambalal Tailor and Bhailalbhai Punambhai Thakore were sought to be prosecuted by the respondent No.1 for having committed offences made punishable under sections 406, 420, 468, 114 and 120 B IPC. That Criminal Complaint was filed in the court of Ld.JMFC, Anand which was referred to Anand Town PS under section 156(3) Cr.P.C. for investigation by Ld.JMFRC vide order dated 26.7.93. That the investigation officer after investigation submitted his report and claimed "C" summary. That the Ld.JMFC registered the matter as Court Enquiry Case No.147/93 and issued notice to present respondent who was original complainant. That after hearing the parties, vide order, dated 23.11.1994 the Ld.JMFC, Anand accepted the "C" summary and rejected the complaint.. That the present respondent being aggrieved and dissatisfied by the order of the Ld.JMFC, Anand, dated 23.11.1994 filed Criminal Revision Application No.112/95 which is decided by the Ld.Sessions Judge vide impugned order, dated 30.4.97 whereby the Ld.Sessions Judge has reversed the order of the Ld.JMFC, Anand, dated 23/11/1994 and has forwarded the papers to Ld.JMFC for further proceeding in accordance with law. That the said order is challenged in the present proceedings.