SHASHANK TIWARI Vs. SMT. REKHA DWIVEDI

JUDGEMENT

(1.) He is heard on the question of admission.

(2.) The applicant has preferred this petition under Sec. 482 of Crimial P.C. being aggrieved by the order dated 25.2.2013 passed by the IIIrd Additional Sessions Judge, Raisen in Criminal Revision No. 114/2012, affirming the order dated 11.10.2012 passed by the Judicial Magistrate, 1st Class, Udaipura in Criminal Case No. 90/05, whereby in a private complaint filed by the respondent the plea of Sec. 138 of the Negotiable Instruments Act has been recorded against the applicant.

(3.) The applicant's counsel initially argued the case at length saying that the impugned complaint has not been filed by the respondent after complying with the technical provisions of Sec. 138 and other relevant provisions of the Negotiable Instruments Act and in such premises, the impugned plea could not be recorded against the applicant and firstly prayed to set aside such plea and dismiss the complaint by admitting and allowing this petition. But in response of some query of the court based on the factual matrix of the case, stated by the Revisional Court in the order impugned, instead to argue further seeks permission to withdraw this petition at this stage as not pressed with liberty to raise all the objections and grounds, stated in the petition at appropriate stage of the trial of impugned criminal case.