NARESH KUMAR SINGLA Vs. SHRI KRISHNA TRACTORS

JUDGEMENT

(1.) Prayer in this petition is for setting aside the order dtd. 2/6/2014 passed by the Additional Sessions Judge, Hissar, vide which the revision petition filed by the respondent/complainant challenging the order of discharge of the petitioner dtd. 12/12/2012 passed by the trial Court was set aside and the case was remanded back to the trial Court for decision fresh.

(2.) Brief facts of the case are that during the pendency of the complaint under Sec. 138 of the Negotiable Instruments Act, the petitioner-accused moved an application for discharge on the ground that he has made certain payment to the respondent-complainant and only a sum of Rs.8,000.00 remains to be paid and he is ready to make the payment of the said amount. The trial Court vide order dtd. 12/12/2012 allowed the application by passing the following order:-

(3.) Thereafter, the respondent-complainant preferred a revision before the Additional Sessions Judge, Hisar, challenging the aforesaid order dtd. 12/12/2012 passed by the trial Court and the revisional Court, vide impugned order dtd. 2/6/2014 allowed the revision only on the premise that as per the provisions of Sec. 138 of the Negotiable Instruments Act, when the notice was issued by the complainant to the present petitioner, the amount was not paid within a period of 15 days and, therefore, the payment of the amount by the petitioner-accused, subsequently, cannot be made a ground to discharge him.