ABHISHEK MISHRA Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard learned counsel for the applicant, Sri Ashok Kumar Gupta, learned counsel for opposite party no.2 and Sri Rajeev Kumar Sonkar, State Law Officer for the State.

(2.) The present 482 Cr.P.C. application has been filed to quash the entire proceedings of Case No.311 of 2022 (Old No.744 of 2018) (Shivnath Vs. Abhishek), under Sec. - 138 of Negotiable Instruments Act, 1881 (hereinafter referred to as 'the Act, 1881'), Police Station-Shahganj, District-Jaunpur, pending in the Court of learned Additional Civil Judge (J.D.)/Judicial Magistrate Third, Jaunpur, as well as impugned order dtd. 26/10/2019.

(3.) The contention of learned counsel for the applicant is that the complaint of the opposite party no.2 was rejected by order dtd. 13/3/2019 for non-prosecution as well as for not producing any evidence despite giving repeated opportunities and against that order, revision was preferred by the opposite party no.2, which was allowed by order dtd. 26/10/2019, and the matter was remanded to the Court below to consider the same on merits. It is further submitted that the order of the revisional Court is erroneous as no revision was maintainable because the order dismissing the complaint amounts to acquittal and the same can be challenged in appeal under Sec. -378(4) of Cr.P.C. and revisional court has no jurisdiction to entertain the revision against that order. In support of his contention, learned counsel for the applicant has also relied upon the judgement of the coordinate Bench of this Court passed in Vinay Kumar Vs. State of U.P. in Criminal Revision No.3426 of 2005 decided on 4/9/2007.