PANKAJ KUMAR Vs. STATE OF UTTARAKHAND
HIGH COURT OF UTTARAKHAND (AT: NAINITAL)
STATE OF UTTARAKHAND,TEHSILDAR
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(1.) By way of this Criminal Miscellaneous Application,
the applicant has challenged the judgment and order dated
16.11.2006, passed by the learned Sessions Judge, Haridwar
in Criminal Revision No. 132/2006, Pankaj Kumar v. Sharif
Ahmad. In the said revision, the order of cognizance dated
2.12.2005, passed by the learned Magistrate in Criminal
Complaint Case No. 468/2005, has been upheld.
(2.) The background facts of the case are that
respondent no. 2 Sharif Ahmad filed a complaint case no.
468/2005 against the applicant Pankaj Kumar for the offence
of Section 138 of the Negotiable Instruments Act read with
Section 420 IPC. The said complaint was filed before the
Judicial Magistrate, Laksar, District Haridwar. The case was
pending in the said court for adducing evidence by the
complainant, but the complainant did not turn up on the date
fixed i.e. on 7.10.2005. He also absented himself on the prior
two consecutive dates before posting the case for producing
the evidence. The accused applicant also remained absent. In
the circumstances, the learned Magistrate, after recording the
absence of the complainant as well as the accused, dismissed
the complaint case and acquitted the accused by exercising
his powers contained under Section 256 CrPC.
(3.) Being aggrieved, the complainant Sharif Ahmad
filed a second complaint against the accused applicant on
11.11.2005 relating to the same offence with same set of facts.
The learned Magistrate, after recording the statements under
Section 200 and 202 CrPC, took cognizance of the offence
against the applicant vide his order dated 2.12.2005. The
accused applicant assailed this order before the learned
Sessions Judge by filing a Criminal Revision No. 132/2006,
which resulted in dismissal, and the order of cognizance was
sustained. Hence, the accused applicant has filed this petition
against the said judgment and order of the learned Sessions
Judge passed on 16.11.2006.;
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