RAKESH RAJA Vs. NARU MOHAMMED SHEIKH

JUDGEMENT

(1.) BY the instant revision petition under Sections 397/401, Cr. P. C. , petitioner-complainant has challenged the order dated 13. 8. 2004 passed by the Additional Sessions Judge (Fast Track) No. 1, bhilwara (for short; "the revisional Court" hereinafter) in Criminal revision Petition No. 22/2004, by which the revisional Court set-aside the order dated 30. 4. 2004 passed by the Judicial Magistrate, Mandal (for short, "the trial Court" hereinafter) in Criminal Original Case No. 114/2004 taking cognizance of the offence under Section 138 of the Negotiable instruments Act (for short, "the Act") against non-petitioner Naru Mohammed Sheikh.

(2.) BRIEFLY stated, the facts of the case are that on 13. 8. 2003, a complaint under section 138 of the Act was filed by the petitioner before the trial Court through his Counsel Mr. Manohar Lal Verma in the name of complainant-petitioner Rakesh Raja; however, the complaint was not signed by the complainant-petitioner but it was signed by his Counsel Mr. Manohar lal Verma. On this, the trial Court recorded the statement of complainant-petitioner under Section 200, Cr. PC. and took cognizance of the offence under Section 138 of the Act against the non-petitioner and issued process vide order dated 30. 4. 2004. Being aggrieved with the order of the trial court taking cognizance, the accused/non-petitioner preferred a revision petition before the revisional Court, which has been allowed vide impugned order dated 30. 8. 2004. Hence, this revision petition.

(3.) I have heard learned Counsel for the parties and perused the impugned order.