SUDHIR KUMAR Vs. MALINI

JUDGEMENT

(1.) ARGUMENTS heard. The petitioner seeks quashment of order dated 10th September, 1999, passed by Twelfth Addl. Sessions Judge, Jabalpur, in Criminal Appeal No. 36/99, wherein the order dated 30.3.1999 passed by Fourteenth Civil Judge, Class II, Jabalpur, in Civil Suit No. 11A/98, was in challenge.

(2.) THE Fourteenth Civil Judge, Class II, Jabalpur, disallowed the petitioner's application by aforesaid order dated 30.3.1999 passed in Civil Suit No. 11A/98, which was filed u/s 340 of the Code of Criminal Procedure. A perusal of certified copy of order dated 10th September, 1999, passed by XII Addl. Sessions Judge, Jabalpur, in Criminal Appeal No. 36/99, reveals that this petitioner filed the application u/s 340 of the CrPC, against the non -applicant -plaintiff, with these allegations that without there being any order of the Court, the non -applicant has added the words against the digits and has also made triable amendment at two places in the plaint. Earlier, the second Addl. Sessions Judge, Jabalpur, returned the Criminal Appeal No. 36/99 on 20th August, 1999, with this observation that he has no jurisdiction to hear the appeal as the Court of XII Addl. Sessions Judge, alone has jurisdiction to hear the appeal against the order passed by XIV Civil Judge, Class II, Jabalpur, as per distribution memo issued by District Judge, as it appears by reading of photocopy of certified copy of order dated 20.8.1999 passed by II Addl. Sessions Judge, Jabalpur. On a consideration of order sheet dated 27th August, 1999, which is noted to have been recorded by Second Addl. Sessions Judge, in aforesaid copy of certified copy, it is also noted that the learned Sessions Judge, Jabalpur, thereafter transferred the Criminal Appeal No. 36/99, to the Court of XII Addl. Sessions Judge, Jabalpur for disposal. It is under these circumstances that the Court of XII Addl. Sessions Judge, Jabalpur, disposed of Criminal Appeal No. 36/99, on 10th September, 1999.

(3.) THUS , this petition is allowed and order dated 10th September, 1999, passed by XII Addl. Sessions Judge Jabalpur, in Criminal Appeal No. 36/99, is set aside. The District Judge, Jabalpur, is directed to dispose of the Criminal Appeal No. 36/99, himself if he has jurisdiction or to make over the same to the Court of Addl. District Judge, who as per distribution memo, issued by him, had the jurisdiction to hear appeals, from the judgments or orders passed by XIV Civil Judge, Class II, Jabalpur, at the relevant time i.e. on 13th March, 1999.