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2014 DIGILAW 417 (RAJ)

Khushiram v. State of Rajasthan

2014-02-07

MAHESH CHANDRA SHARMA

body2014
JUDGMENT 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 Section 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 : i) Choudhary Medical Store (M/s.) v. State of Rajasthan & Anr. Reported in 2012 (3) Cr.L.R. (Raj.) page 1153; and ii) Narsingh Das Tapadia v. Goverdhan Das Partani and another reported in (2000)7 SCC 183 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. 4. In view of above, this revision petition is allowed; the order dated 16.9.2011 passed by Addl. Sessions Judge No. 2, Bayana in Cr. Revision Petition No. 59/2007 is set-aside; and the matter is remanded to the Additional Sessions Judge No.2, Bayana with the direction to decide the matter afresh in the light of the objections, which the petitioner has raised through this revision petition and the aforesaid judgments. The court below is also directed that at the time of deciding the matter afresh, he will also take into consideration the objections to be raised by the respondent as also the judgments to be cited by him before it. However, the court below is directed that he will decide the matter afresh in accordance with law after giving opportunity of hearing to both the parties. 5. However, the court below is directed that he will decide the matter afresh in accordance with law after giving opportunity of hearing to both the parties. 5. Both the parties are directed to appear before the court below on 18.3.2014. 6. Stay application also stands disposed of accordingly.Petition allowed. *******