SACHIN SHARMA Vs. PAWAN GUPTA

JUDGEMENT

(1.) Through the instant petition filed under Sec. 561-A Crimial P.C. petitioner seeks quashing of order dated 30.05.2009, passed by the learned Principal Sessions Judge, Jammu in case file No.36/Revision titled, Pawan Gupta vs. Sachin Sharma by virtue of which the revision petition filed by the respondent herein has been allowed and the order impugned in the said revision petition dated 27.11.2008 passed by the learned 1st Additional Munsiff, Forest Magistrate, JMIC Jammu has been set aside and also for quashing of proceedings directed to be initiated against the petitioner by virtue of order impugned dated 30.05.2009.

(2.) In the petition, it has been stated that the respondent herein preferred a Revision petition against the said order dated 27.11.2008 before the Ld. Principal Sessions Judge, Jammu by way of File No.36/Revision titled, Pawan Gupta V/s Sachin Sharma, which was disposed of by the Court vide order dated 30.05.2009, by virtue of which the order impugned in the said revision petition dated 27.11.2008 was set aside with the further direction to the learned trial Court to proceed with the said complaint and issue fresh notice to the accused therein. By way of present petition, the petitioner herein has sought quashment of order dated 30.05.2009 passed by ld. Principal Sessions Judge, Jammu on the following grounds:-

(3.) I have considered the rival contention of the parties and law on the subjects. Counsel for petitioner has relied upon the judgment reported in case titled Him Advances and Savings Pvt. Ltd. vs. Ravinder Kumar Gupta, 2002 CrLJ 4741; case tiled H.P Financial Corporation v Continental Spinners Ltd., 2003 CrLJ 2750 ; case titled Krishan Kumar Vs. Mohamand Jaros, 2003 CrlJ 149 ; and case titled Om Gayatri Vs. State, 2006 CrLJ 601 Whereas counsel for respondent has relied upon unreported judgment of this court passed in CR. Rev. No.56/99 dated 27.3.2000, in case titled M/s Sajawat Refrigeration Vs. Mohan Singh Sambyal.