VED VART SHASHTRI Vs. VIRENDER SINGH

JUDGEMENT

(1.) VIRENDER Singh respondent herein instituted a complaint under Section 500, Indian Penal Code against Ved Vart Shashtri and Mahashya Bharat Singh Saini, in the Court of Additional Chief Judicial Magistrate, Rohtak on 18.4.1988. The respondents were summoned and the case fixed for pre-charge evidence of the complaint on 16.1.1989 for the first time and t thereafter on the following dates :-

(2.) MR . Ram Avtar Singh, learned Counsel for the petitioner has argued firstly, that as may as nine opportunities, spread over a period w.e.f. 1.1.1989 to 11.10.1991, were afforded to the complainant but he neither summoned any of his witnesses nor supplied a list thereof nor had himself stepped into the witness box to make as statement and, therefore, the learned Sessions Judge had legally erred in accepting the revision petition. His second submission is that the case had to be tried as a summons case but the procedure of a warrant case was followed. The moment the respondents were discharged, it being a summon case, such discharge tantamounted to acquittal and no revision was maintainable.

(3.) I have heard the learned Counsel for the parties. A perusal of judgments datd 11.10.1991 and 30.1.1992, of the Additional Chief Judicial Magistrate and Sessions Judge, respectively, would show :-