MAHENDRA INDERMAL BORANA Vs. ANIL SHANKAR JOSHI

JUDGEMENT

(1.) HEARD the learned Advocate for the appli-cant and the learned A. P. P. for the State. Rule. By consent rule is made returnable worthwith.

(2.) THE respondent No. 1 (original complainant) had filed a complaint against the present applicant under section 138 of Negotiable Instruments Act. The said complaint was filed in the Court of J. M. F. C. , Court No. 4, Pune and the said complaint was numbered as 1482/2000.

(3.) ON 13-1-2003 as the complainant remained absent, due to absence of the complainant, the learned J. M. F. C. Court No. 4, Pune dismissed the complaint under section 256 of Cri. P. C. and acquitted the accused (applicant ). Being aggrieved by the dismissal of the complaint, the complainant preferred criminal Revision Application No. 151/2003 before the Additional Sessions judge, Pune. By order dated 29-5-2003, the learned Additional Sessions Judge, pune allowed the revision application and restored the complaint back to the file of the learned J. M. F. C. Being aggrieved by the said order of the learned sessions Judge, the applicant i. e. the original accused has preferred the present criminal application. I have perused the order of the learned Additional Sessions Judge, and find no infirmity therein so as to warrant interference.