PARSHOOTAM DASS JAIN Vs. INDER SAIN

JUDGEMENT

(1.) IN this case, the Respondent brought a complaint against the Petitioner under Section 406 Indian Penal Code. After reading the complaint and examining the complainant on oath, the Magistrate took cognizance of the case, issued process for the attendance of the accused and of the complainant's witnesses. On 10th May, 1976, the accused -Petitioner appeared in the Court. Four witnesses on behalf of the Respondent were examined on 22nd July, 1976. On 28th February, 1977 the accuse Petitioner put in a petition to the effect that no criminal offence was disclosed and praying for his discharge under Section 245(2) of Code of Criminal Procedure. The Respondent filed reply opposing that application. The learned Magistrate considered that application and heard the arguments of the counsel for both the sides. He thereupon recorded the following order:

(2.) IN the result, the revision petition is allowed. The order of the trial Magistrate dated May 10, 1977 is set aside and the magistrate is directed to redecide the Petitioner's application in accordance with law. Parties through counsel are directed to appear in the trial court on 27th August, 1980.