ABDUL MAJEED SHEIKH Vs. ABDUL RASHID BANDAY

JUDGEMENT

(1.) This petition under Section 561-A Cr. P. C. seeks setting aside of order dated 23.06.2016 passed by the learned Principal Sessions Judge, Budgam, in an appeal arising out of the proceedings under Section 138 of Negotiable Instruments Act, whereby the order of conviction and sentencing dated 23.11.2016 passed by the learned Judicial Magistrate, 1st Class, Budgam, has been set aside and the complaint ordered back to the trial court for recording of the statement of the appellant therein under Section 242 Cr. P. C. and conducting the proceedings afresh in accordance with law.

(2.) Heard learned counsel for the parties and considered the matter.

(3.) The petitioner-complainant had earlier come to this Court in an identical petition, being 561-A Cr. P. C. petition no.122/2016, against order dated 18.03.2016 passed by the learned Principal Sessions Judge, Budgam, condoning the delay in filing the aforesaid appeal and treating the revision that had been earlier filed by the respondent-accused before that court against the very same order under appeal as not pressed. The grounds of challenge to the order dated 18.03.2016 taken in that earlier petition, as reflected in the disposal order dated 18.05.2016 passed by the Court therein, were that the appeal before the learned Sessions Judge was not maintainable because the conviction of the respondent was based on his confession and that the same was barred by Section 412 Cr. P. C. A coordinate Bench of this Court, holding that so far as the orders condoning delay and treating the revision as not pressed do not require any interference, directed as under: