KRISHNAKUMAR VITHALRAO JAMADAR Vs. KAMALKISHOR BALKISHAN MALANI

JUDGEMENT

(1.) RULE. Returnable forthwith. Heard finally by consent of parties.

(2.) THE petitioner herein seeks to challenge the order passed by the learned judicial Magistrate, First Class, Murtizapur, in Summary Criminal Case No. 585/04, dated 11-7-2007, by which he dismissed the application of the petitioner for dropping the proceedings against him, in complaint case under section 138 of the Negotiable Instruments Act, filed by the respondent.

(3.) FACTS leading to the petition, can be stated in nutshell; thus : the respondent/complainant has filed a criminal complaint under section 138 of the Negotiable Instruments Act, bearing Summary Criminal Case No. 585/2004 in the Court of Judicial Magistrate, First Class, Murtizapur. When the proceedings were fixed for filing the affidavit in the nature of evidence, the petitioner filed an application for dropping the proceedings against him under section 258 of the Code of Criminal Procedure. The prayer therein reads thus :