KHUSHIRAM Vs. STATE OF RAJASTHAN AND ANR.

JUDGEMENT

(1.) This cr. revision petition has been filed by the petitioner against the order dated 16.9.2011 passed by Addl. Sessions Judge No. 2, Bayana in Cr. Revision Petition No. 59/2007, whereby the learned revisional court allowed the revision petition filed by the accused respondent and set aside the order dated 10.4.2007 passed by Judicial Magistrate, Ist Class, Roopwas, District Bharatpur in Complaint no. 137/2007, whereby he took cognizance against the accused respondent for the offence under Sec. 138 of NI Act and summoned him.

(2.) Without going into the merits of the case, learned counsel for the petitioner has contended that Additional Sessions Judge No.2, Bayana has not considered the objections, which he has raised through this revision petition. Hence, the impugned order should be set-aside and matter should be remanded to Additional Sessions Judge No.2, Bayana with the direction to decide the matter afresh after hearing both the sides and especially in the light of the following judgments :

(3.) Learned counsel for the respondent has also requested to this Court that if this Court is remanding the matter, then Additional Sessions Judge No.2, Bayana should be directed to decide the case after considering the objections to be raised by the respondent and the judgments to be cited by him before the court below.