(1.) RULE. Rule made returnable forthwith. Heard finally by consent of the learned advocate for the petitioner and learned Additional Public Prosecutor for respondent no.2/State. Respondent no.1/accused remained absent, though served.
(2.) In this writ petition, challenge is to the judgment and order dtd. 18/3/2020 passed by the learned Sessions Judge, Akola, whereby the learned Judge was pleased to dismiss the revision application challenging the order passed by the learned Judicial Magistrate, First Class, (Court No.9), Akola, dtd. 21/9/2017 in Regular Criminal Case No. 114/2015. Learned Magistrate by the order dtd. 21/9/2017 had dismissed the private complaint filed by the petitioner/complainant and discharged the accused/respondent no.1 for the offences punishable under Ss. 420, 468, 472 read with Sec. 109 of the Indian Penal Code.
(3.) Learned advocate for the petitioner submitted that the finding recorded by the learned Sessions Judge, Akola that the revision was not maintainable against the order of dismissal, is contrary to law. Learned advocate submitted that the rights of the parties by dismissal of the complaint and discharge of the accused, were finally decided. Learned advocate pointed out that the order of dismissal of the complaint and discharge of respondent no.1/accused, by invoking the provisions of Sec. 245 sub-sec. 2 of the Code of Criminal Procedure, was not an appealable order. It is submitted that against this order, a revision would lie.