RAVISHANKAR SHRIVASTAVA Vs. A.K. AGRAWAL

JUDGEMENT

(1.) THIS Revision under Section 397/401 of Cr. P.C. has been filed by the applicant against the order dated 24/12/2009 passed by learned Judicial Magistrate First Class, Jabalpur (M.P.) in criminal complaint No. 19297/2008 framing charges against the applicant for the offence punishable under Section 138 of Negotiable Instruments Act.

(2.) THIS Revision is of the year 2012. As none is appeared on behalf of the applicant, it seems that the applicant has lost interest in prosecuting the case. On this ground alone, this revision deserves to be dismissed.

(3.) AFTER perusal of the record, I do not find any illegality or perversity in the impugned order dated 24/12/2009 warranting interference by way this Revision petition against framing of charge. There is no need to sift and weigh or appreciate the prosecution evidence as well as defence available to the applicant and come to the conclusion that no prima facie case is made out nor could be exercised to stifle a legitimate prosecution. It is a settled legal proposition that in a case where there is sufficient evidence against the accused which may establish the charge against him/her, the proceeding cannot be quashed - S. Khushboo v. Kanniammal : (2010) 5 SCC 600.