J.RAVI Vs. J.UMA MAHESWARI

JUDGEMENT

(1.) This is a revision against the orders of the Additional Judicial First Class Magistrate, Srikalahasthi dated 11.9.2012 passed in Crl. MP No. 1159 of 2012 in STC No. 38 of 2009 wherein the learned Magistrate accepted the request of the accused to conduct de novo trial in the case as per the provisions of Section 326(3) Cr.P.C. The brief facts leading to this revision are as follows:

(2.) The revision petitioner herein resisted the application on the ground that the Negotiable Instruments Act was amended in the year 2002 with regard to the quantum of punishment and in view of that amendment, when the Magistrate feels that the punishment to the accused is to be exceeded by one year, in such case, Magistrate has to adopt summary procedure.

(3.) On a consideration of the contentions and rival contentions, the learned Magistrate accepted the request of the 1st respondent herein for de novo trial. Aggrieved by the said order, the complainant before the lower Court preferred the present revision.