RAJESH MAHESHWARI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) - This revision petition under Sec. 397 read with Sec. 401 Crimial P.C. has been filed against the order dated 04.09.2012 passed by learned Additional Sessions Judge(Fast Track) No. 9, Jaipur Metropolitan, Jaipur(hereinafter referred to as the Lower Revisional Court) in Criminal Revision Petition No. 07/2012, whereby the revision petition filed by complainant/Respondent No. 2 has been allowed and the order dated 16.05.2009 passed by learned Additional Chief Judicial Magistrate No. 4, Jaipur City, Jaipur(hereinafter referred to as the Trial Court) passed in Case No. 640/2008 has been set aside, whereby learned Trial Court dismissed the application filed by the complainant-Respondent No. 2 under Sec. 311 Crimial P.C. for examining Shri Satya Kumar Sihag, Advocate in the present case.

(2.) Brief facts of the case are that the present case relates to the provisions of Sec. 138 of the Negotiable Instruments Act(hereinafter referred to as the Act) in connection with dishonouring of the cheque of Rs.5,00,000.00. It is admitted fact that the matter was finally argued by both the parties on 06.02.2009 before the Trial Court and the counsel for the petitioner submitted written arguments before the learned Trial Court and learned counsel for the complainant-Respondent No. 2 took time to give reply to the written arguments. Thereafter, the complainant-Respondent No. 2 filed an application under Sec. 311 Crimial P.C. for calling Shri Satya Kumar Sihag, Advocate in defence. After hearing both the parties, learned Trial Court vide order dated 16.05.2009 dismissed the application moved under Sec. 311 Crimial P.C. Against that order, a revision petition was filed by the complainant/Respondent No. 2 before the Lower Revisional Court. Lower Revisional Court without issuing notice to the petitioner, vide order dated 30.05.2009 allowed the revision petition and directed learned Trial Court to record the statement of Shri Satya Kumar Sihag. Thereafter, the petitioner, being aggrieved with the order dated 30.05.2009 passed by the Lower Revisional Court, preferred a revision petition before this Court and Co-ordinate Bench of this Court in S.B. Criminal Revision Petition No. 902/2009(Rajesh Maheshwari Vs. State of Rajasthan) vide order dated 06.04.2012 , partly allowed the revision petition. Relevant portion of the order dated 06.04.2012 reads as under:

(3.) After passing aforesaid order, learned Lower Revisional Court again allowed the revision petition vide impugned order dated 04.09.2012. Being aggrieved by the order dated 04.09.2012, this revision petition has been filed by the accused-petitioner before this Court.