IRSHAD KHAN Vs. FIROZ KHAN

JUDGEMENT

(1.) The petitioner/applicant has filed this Criminal Revision under Section 397 read with Section 401 of the Cr.P.C. for setting aside the impugned order dated 16.10.2015 passed by learned IInd Additional Sessions Judge Rewa District-Rewa in Criminal Revision No.267/2014 and order of acquittal of respondent under Section 418 of the IPC arising out of order dated 07.07.2014 passed by learned Judicial Magistrate First Class Rewa in Criminal Case No.3277/2013 whereby the learned Revisional Court has allowed the revision filed by the respondent/accused and discharged the respondent from the offence under Section 418 of the IPC.

(2.) Facts of the case in short are that the complainant/petitioner filed a complaint under Section 138 of the Negotiable Instrument Act alleging that coaccused Neelesh had issued a cheque for encashment in favour of the petitioner/complainant, but the same was dishonoured. Thereafter, the complaint was registered vide criminal case No.3305/2008 before the CJM Rewa. Subsequently, the case was transferred for hearing to the Court of JMFC Rewa and the petitioner/complainant engaged Shri Rishi Tiwari, Advocate and his associate for contesting the aforesaid case, and on behalf of the petitioner/complainant his counsel Shri Rishi Tiwari and his associate were participating in aforesaid proceedings. Respondent/accused is an Advocate, practicing at Rewa. The petitioner/complainant has never engaged the respondent/accused as a counsel in the case of 138 of NI Act, nor the respondent/accused has produced his Vakalatnama in the aforesaid case.

(3.) On 22.06.2009 the case was fixed for evidence, the co-accused Neelesh did not appear before the trial Court, thereafter, the learned trial Court issued an arrest warrant against him. Thereafter, the petitioner/complainant in the instant case could not appear for sometime. His counsel Shri Rishi Tiwari and his associate also did not inform him about the date of hearing. Thereafter, on 29.04.2013 the petitioner/complainant got knowledge that on 12.12.2012 the respondent/accused filed an application under Section 257 of the Cr.P.C. before the trial Court and mentioned that the petitioner/complainant was absent on many dates of hearing and he does not want to proceed with the matter further. Therefore, the same be dismissed. On 06.05.2013, the learned trial Court without hearing him and his counsel, dismissed the aforesaid complaint case whereas respondent/accused was not his counsel. The respondent/accused in collusion with co-accused and to cause loss to the petitioner/complainant and to give undue benefit to co-accused, without his knowledge and consent, fabricated the said application and the same was filed before the trial Court. Therefore, the aforesaid complaint case filed by the petitioner/complainant stood dismissed. The aforesaid act of the respondent/accused is fraudulent, dishonest and with intention to cause loss to the petitioner/complainant. Thereafter, the petitioner/complainant filed a complaint under Section 200 of the Cr.P.C. before the Judicial Magistrate First Class Rewa, against the present respondent/accused and other co-accused Neelesh Soni for the offence punishable under Sections 420, 467, 120-B, 193, 209, 418 and 196 of the IPC.