MANZOOR AHMAD MIR Vs. NASIR AHMAD WASIL

JUDGEMENT

(1.) Challenge has been thrown by the petitioner to the order dtd. 26/8/2018 passed by Additional Sessions Jude, Sopore, whereby revision petition filed by the respondent against the order of dismissal of his complaint passed by learned District Mobile Magistrate, Sopore, on 27/12/2017, has been allowed.

(2.) The facts emerging from the record are that respondent had filed a complaint for offences under Sec. 138 read with 142 of Negotiable Instruments Act ['the Act" for short'] against the petitioner before the Court of District Mobile Magistrate, Sopore (hereinafter referred to as the trial Magistrate). It seems that during the pendency of the said complaint, the complainant/respondent stopped appearing in the case and on 27/12/2017, the same was dismissed for non-prosecution.

(3.) The aforesaid order came to be challenged by the complainant/respondent before the Court of Additional Sessions Judge, Sopore (hereinafter referred to as the Revisional Court) by way of a revision petition. The learned Revisional Court, after making an elaborate discussion, vide its order dtd. 26/8/2019, allowed the revision petition and set aside the order of trial Magistrate and asked the parties to appear before the trial Magistrate with a further direction to the said Magistrate to revive the complaint in question to its original number and to proceed with the same in accordance with law.