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2014 DIGILAW 267 (RAJ)

Om Prakash Agrawal v. State of Rajasthan

2014-01-27

MAHESH CHANDRA SHARMA

body2014
JUDGMENT 1. - This revision petition has been filed by the petitioner against the order dated 24.6.2011 passed by Additional District Judge (Fast Track) No.7, Jaipur Metropolitan, Jaipur in Cr. Revision No. 7/2011, by which he reversed the order dated 20.4.2010 passed by Special Judicial Magistrate (NI Act Cases) No.5, Jaipur Metropolitan, Jaipur in Cr. Case No. 3216/2010, by which he took cognizance against the respondents no. 2 and 3 for the offence under Section 138 of N.I. Act. 2. In this revision petition, notices were issued to accused respondents, but after completion of service, none has appeared on their behalf. 3. I have learned counsel for the complainant-petitioner, learned PP for the State and perused the impugned order dated 24.6.2011 passed by the court below. 4. In my view, the learned court below has committed material illegality while passing the order dated 24.6.2011 and has not considered the objections, which the petitioner has raised through this petition. 5. In view of above, this revision petition is allowed; the order dated 24.6.2011 passed by Additional District Judge (Fast Track) No.7, Jaipur Metropolitan, Jaipur in Cr. Revision No. 7/2011 is set-aside; and the matter is remanded to the Additional District Judge (Fast Track) No.7, Jaipur Metropolitan, Jaipur with the direction to re-hear the parties and decide the matter afresh, in accordance with law, after giving opportunity of hearing to all the concerned parties. For that purpose, the court below shall issue notice to the accused respondents and on completion of service of notice on them, it will decide the matter as a fresh. 6. The complainant petitioner is directed to appear before the Court below on 18.2.2014. 7. The stay application also stands disposed of accordingly.Petition allowed. *******