PRAVEEN AGARWAL Vs. OM PRAKASH

JUDGEMENT

(1.) The subject matter of challenge in the instant petitions is the order dated Sept. 9, 1997 of the learned Court of Additional Chief Judicial Magistrate No. 2 Kota whereby its earlier order dated Aug. 27, 1994 taking cognisance of offence under section 138 of the Negotiable Instruments Act (for short the Act) was reviewed and quashed at the fag end of the trial and the accused was directed to pay cash in the sum of Rs.1500.00 to the complainant, the impugned order has been called in question by the complainant in revision petition No. 520/97 and by the accused in Misc. Petition No. 189/98.

(2.) A synopsis of the case is the following-

(3.) It will be useful at this juncture to advert to the relevant statutory provisions. Sec. 190 of Cr.PC. provides thus-