QUAZI SYED SALAHUDDIN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard petitioner in person, learned A.P.P. for State and Mr. C.V. Thombre, learned counsel for respondent No.2.

(2.) Admit. Heard finally with the consent of parties.

(3.) In the present Writ Petition, the petitioner has challenged the order passed by Additional Sessions Judge, Aurangabad on 18.12.2013 in Criminal revision No.262/2012 reversing the order of Judicial Magistrate, First Class, Aurangabad, passed in S.C.C. No.1093/2007. The Judicial Magistrate, First Class had passed orders below Exh.164 in S.C.C. No.1093/2007 that in spite of change of Magistrate, in proceeding under Section 138 of the Negotiable Instruments Act, 1881, it was not necessary to have de novo trial. However, the Sessions Judge reversed the order of Judicial Magistrate, First Class and directed de novo trial. Thus, the present writ petition has been filed.