ARUN GUPTA Vs. DHANI RAM

JUDGEMENT

(1.) Present revision petition is directed against the order dated 14.07.2016 passed by learned Additional Sessions Judge, Rohtak whereby application filed the accused-respondent against judgment dated 14.02.2013 passed by learned Judicial Magistrate Ist Class, Rohtak was dismissed.

(2.) Facts relevant for the purpose of decision of the present revision petition; that complainant Dhani Ram had filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 (for short, "the Act") before learned Magistrate at Rohtak and after trial, learned trial Judge acquitted accused Arun Gupta. As per Section 378(4) Cr.P.C., appeal against acquittal in criminal cases was to be filed before this Court and the complainant filed an application, bearing CRM-A-270-MA-2013 seeking leave to appeal under Section 378(4) before this Court and the same was disposed of vide order dated 31.07.2013 with liberty to applicant Dhani Ram to approach the Court of Sessions by way of filing appeal. The order dated 31.07.2013 passed by this Court is extracted below:-

(3.) In compliance of that order, complainant -Dhani Ram preferred appeal before the Court of Sessions and at that time, accused Arun Gupta moved an application for dismissal of the appeal and the said application was dismissed by learned Additional Sessions Judge on 14.07.2016 as per following order :-