HIND SYNTEX LTD Vs. SHREE MANGAL

JUDGEMENT

(1.) THE applicant has preferred this appeal under Section 378 of the Criminal procedure Code, feeling aggrieved by the dismissal of the Original Criminal case No. 1066/01, filed on behalf of the appellant under Section 138 of the negotiable Instruments Act (hereinafter referred to as "n. I. Act" for short), by cjm, Dewas, in default of appearance of the complainant.

(2.) BRIEFLY stated facts of the case are that the appellant/complainant has filed a complaint under Section 138 of the N. I. Act against the respondent nos. 1 and 2 before the CJM, Dewas which is registered as Criminal Case no. 1066/01. This complaint has been dismissed by the Trial Court on 3-2-2005 in the absence of the complainant. Feeling aggrieved by which the complainant has preferred Criminal Revision No. 20/05, before the II ASJ, Dewas, the revisional Court allowed the revision and impugned order passed by the Trial court is set aside, against that order the respondent Nos. 1 and 2 preferred criminal Revision No. 419/05 before this Court and this Court by order dated 26-7-2006 allowed the revision preferred by the respondents and held that the revision is not maintainable against the impugned order of acquittal passed by the CJM. Hence, the complainant has filed this appeal under Section 378 of the criminal Procedure Code, after obtaining leave to appeal against the order of acquittal passed by the Trial Court.

(3.) HAVING heard the learned Counsel for the parties and perused the record.