PALE RAM Vs. LAXMI COOPERATIVE (NATC) SOCIETY LTD

JUDGEMENT

(1.) Petitioner has filed this petition under Section 401 of the Code of Criminal Procedure, 1973 ('Cr.P.C.' for short) challenging the order dated 18.9.2012 whereby the appellate Court, while allowing the appeal, had remanded back the case to the trial Court for de novo trial.

(2.) Learned counsel for the petitioner has submitted that the bar of Section 326 Cr.P.C was not applicable to summons trial. Hence, the judgment of the Apex Court in Nitinbhai Saevatilal Shah and another vs. Manubhai Manjibhai Panchal and another, 2011 9 SCC 638 was not applicable to the facts of the present case. In support of his arguments, learned counsel has placed reliance on Darshan Lal vs. State of Punjab, 2012 2 RCR(Cri) 520 wherein it was held as under:-

(3.) Learned counsel for the respondent, on the other hand, has opposed the petition.