PARASMAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal writ petition has been filed by the petitioner with a prayer to quash and set aside the order dtd. 28/2/2011 (Annex. 3) passed by the Additional District and Sessions Judge (Fast Track), Balotra in Criminal Appeal No. 22/2010 and further to quash the judgment dtd. 1/8/2016 (Annex. 4) passed by the Judicial Magistrate, Banner in Criminal Case No. 447/2007.

(2.) Brief facts of the case are that the respondent No. 2 has filed a complaint against the petitioner under Sec. 138 of the Negotiable Instruments Act. The said complaint came to be dismissed by the Judicial Magistrate, Banner vide judgment dtd. 3/6/2010 in Criminal Case No. 444/2007 and the petitioner was acquitted.

(3.) Being aggrieved with the same, the respondent No. 2 has filed an appeal in the Court of the Additional Sessions Judge (Fast Track), Balotra and the said Appeal No. 22/2010 came to be allowed and the judgment dtd. 3/6/2010 passed by the Judicial Magistrate, Banner in Criminal Case No. 444/2007 was set aside and the matter was remanded to that Court for fresh adjudication.