MOHAMMED ASHFAQUE Vs. RAMRAO AND ORS.

JUDGEMENT

(1.) By the present Criminal Application filed U/s. 482 of the Code of Criminal Procedure, the present applicant is questioning the correctness of the Order passed by the learned Judicial Magistrate (First Class), Aurangabad dated 17/06/2013 below Exh. 60 in S.C.C. No. 8834 of 2006, whereby the learned Magistrate was pleased to reject the application (Exh. 60) filed on behalf of the present applicant. A Complaint U/s. 138 of the Negotiable Instruments Act was filed by the respondent No. 1 against the present applicant. The said Complaint was registered as S.C.C. No. 8834 of 2006. During the pendency of the Complaint, a pursis (Exh. 42) was filed before the learned Magistrate for withdrawal of the Complaint. The learned Magistrate, in view of the pursis, discharged the present applicant vide Order dated 31/08/2009.

(2.) A Revision was filed before the Sessions Court by the non applicant No. 1/Complainant that the present applicant failed and neglected to make the payment as promised and, therefore, challenged the order of the withdrawal of the Complaint dated 31/08/2009. Ultimately, the matter reached to this Court in the nature of Criminal Application No. 3160 of 2010 filed by the present non applicant No. 1/Complainant. This Court on 26/09/2011, after hearing the parties, was pleased to set aside the Order dated 31/08/2009 and the matter was remanded back to the Court of the Judicial Magistrate (First Class) - 7, Aurangabad for its disposal in accordance with law.

(3.) After remand, non applicant/Complainant filed a pursis before the Magistrate (Exh. 57) intimating the Court that the Complainant does not wish to examine any witness. After the said pursis was filed, learned Magistrate fixed the matter for statement of the accused U/s. 313 of the Code of Criminal Procedure. At that stage, an application was filed by the present applicant/accused on 25/03/2013. The said application is at Exh. 60. By the said application, the applicant/accused prayed that the order of recording statement be revoked and the matter be fixed for hearing of accused only. The said application was rejected by the learned Magistrate on 17/06/2013. Against the said Order, the present Criminal Application U/s. 482 of the Code of Criminal Procedure is filed.