GURBACHHAN SINGH Vs. STATE OF RAJASTHAN & ANR

JUDGEMENT

(1.) This revision petition under section 397 read with section 401 Code Criminal Procedure is directed against the judgment dated 20.10.2011 passed by the learned Additional Sessions Judge, Sri Karanpur, District Sri Ganganagar in Cr. Appeal No.10/2011, whereby the learned Judge while allowing the appeal of the respondent No.2 and remanding the matter, has quashed the judgment dated 20.1.2010 passed by learned Additional Chief Judicial Magistrate, Sri Karanpur, District Sri Ganganagar in Cr.Regular Case No.374/2000, whereby the learned Magistrate dismissed the complaint on the ground that this Court having no jurisdiction to entertain this petition filed by respondent No.2 for the offence under section 138 of Negotiable Instruments Act (for short 'the Neotiable Instruments Act' hereinafter).

(2.) Heard learned counsel for the petitioner and the learned Public Prosecutor for the State as well as learned counsel for respondent No.2-complainant and perused the judgment impugned and the papers placed before this Court.

(3.) Brief facts of the case are that respondent No.2-Firm Arihant Traders filed a complaint against the petitioner for the offence under section 138 of the Negotiable Instruments Act before the learned Additional Chief Judicial Magistrate, Sri Karanpur in view of dishonoured the cheque in question, which is said to be given by the petitioner on account of transaction took place between the parties to the tune of Rs. 70,345.00 and the petitioner has not paid any amount after receiving the notice sent by the respondent Firm. Thereafter, in usual proceedings, the learned lower court took cognizance and after examining witnesses from both the parties, recorded the statements under section 313 Crimial P.C. and dismissed the complaint vide judgment dated 20.1.2010 on the ground of jurisdiction. Against which, the respondent-Firm preferred an appeal before the learned appellate court, who vide judgment dated 20.10.2011 quashed the judgment of the learned trial court and remanded the case for passing a fresh order after hearing both the parties.