LAXMI NARAYAN YADAV Vs. STATE OF U P

JUDGEMENT

(1.) B. K. Rathi, J. The applicant filed a complaint, in which opposite party No. 2 was summoned to stand trial for offence under Section 138 N. I. Act by VIII A. C. J. M. , Agra in Case No. 518 of 1998. Opposite party No. 2 appeared and filed objections for discharge. The same were rejected by the learned Magistrate. Against that order opposite Party No. 2 preferred Criminal Revision No. 422 of 1998, which has been allowed by the XI Additional Sessions Judge, Agra by an order dated 17-4-99. The complainant has, therefore, filed the present revision.

(2.) I have heard Sri Apul Mishra, learned counsel for the applicant, Sri Shri Ram Rawat, learned counsel for opposite party No. 2 and the A. G. a

(3.) IN view of the above, the decision of the learned XI Additional Sessions Judge, Agra is against the law as has been laid down by the Apex Court and is accordingly quashed. The matter is sent back to the learned Magistrate, before whom the case is pending, for deciding it according to law. The parties are directed to appear before the Magistrate on 25-9-2000 to receive further orders. Revision allowed. .