RAJENDRA KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) In Criminal Revision No. 263 of 1998, the request has been made to set aside the order dated 25.9.1998 passed in Criminal Revision No. 172 of 1998 by the Special Judge/Additional Sessions Judge, Aligarh. in Criminal Misc. Application No. 1515 of 2000, the request has been made that IIIrd Additional Chief Judicial Magistrate. Aligarh be directed to decide Case No. 1464 of 1996 pending before him, expeditiously. Both the matters are relating to the same offence and therefore they are being disposed of by a common judgment.

(2.) I have heard Sri Dharmendra Singhal, learned counsel for the revisionist in Criminal Revision No. 263 of 1998 and Sri S. U. Khan, learned counsel for the opposite parties and also Sri S. U. Khan, learned counsel for the petitioners in Criminal Misc. Application No. 1515 of 2000 and Sri Dharmendra Singhal, learned counsel for the opposite parties.

(3.) The facts giving rise to these cases are that opposite party No. 2 Pramod Kumar Varshney and his wife Smt. Manorama Devi filed Complaint Case No. 1464 of 1996 under Section 138. Negotiable Instruments Act against revisionist Rajendra Kumar, which is pending in the Court of Illrd Additional Chief Judicial Magistrate. Aligarh. Revisionist Rajendra Kumar appeared in that case and filed objections that there is no sufficient ground to proceed against him. Objections were allowed by the IIIrd Additional Chief Judicial Magistrate, Allgarh. by an order dated 27.1.1998 and he cancelled the summoning order of the revisionist. Against that order, opposite party No. 2 and his wife preferred Criminal Revision No. 172 of 1998. which was allowed on 25.9.1998 and the revisionist has been directed to face trial in the above case. Aggrieved by it. revisionist Rajendra Kumar has preferred the present Criminal Revision No. 263 of 1998. The complainants have alleged that opposite party No. 2 is delaying the disposal of the case and, therefore, they filed Criminal Misc. Application No. 1515 of 2000 for direction for early disposal of the said case.