ABDUL REHMAN M MULGAND Vs. MOHAMMAD HASHAN MULGAND

JUDGEMENT

(1.) ADMIT. Heard forthwith.

(2.) HEARD Shri. Singbal, learned advocate on behalf of the petitioner and Shri. Asunde, learned Advocate on behalf of the respondent no. 1, who are both brothers and were complainant and accused respectively in a criminal case filed by the former against the latter under Section 138 of the Negotiable instruments Act (the Act, for short ). The present application filed by the complainant is treated as a revision application against the order dated 11-05-05 of the learned Sessions judge, Margao.

(3.) THE complainant having filed the said complaint, the learned Judicial Magistrate, first Class, by his order dated 25-10-04 was pleased to issue process against the accused under Section 138 of the Act but the accused having filed a revision application before the learned Sessions Judge, Margao, being criminal revision application 12/05, the learned sessions Judge was pleased to allow the said revision and set aside the order of the learned judicial Magistrate, First Class dated 25-10-04.