HEMANT CHEMICALS Vs. RIVERSIDE INDUSTRIES LTD

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. By consent of both the sides, heard for final disposal.

(2.) The proceeding is filed under section 482 of the Code of Criminal Procedure to challenge the judgment and order of revision No. 93/2005 which was pending in the Sessions Court, Jalgaon. The revision was filed to challenge the order made by Judicial Magistrate (First Class) on Exh. 33 which was filed for recalling of issue of process order made for offence punishable under section 138 of Negotiable Instrument Act and section 420 of the Indian Penal Code. The Judicial Magistrate (First Class) had refused to recall order of issue process. Both the sides are heard.

(3.) Though in view of the ratio of the case reported as Adalat Prasad Vs. Ruplal, 2004 SCC(Cri) 1927, there is no power with Judicial Magistrate (First Class) to recall the order of issue process, the Sessions Court has observed that revision against the order made by Judicial Magistrate (First Class) at Exh. 33, which was filed for recalling the issue process order, is tenable. It can be said that Sessions Court has considered the order of issue process itself and it has set aside the order of issue process made in respect of offence punishable u/s 138 of the Negotiable Instruments Act.