KARUNA NAND BAJPAYEE,J. - (1.) This case is a fall out of recurrent errors of law committed by the trial court as well as lower appellate court resulting into a shockingly anomalous situation, wherein both the courts below have concluded respective proceedings without having any jurisdiction. But here before this Court only the order passed by the lower appellate court is under challenge in the instant revision.
(2.) The accused revisionist Shyam Sharan Tiwari has approached this court by means of instant criminal revision challenging the judgment and order dated 05.12.2017 passed by the Special Judge (SC/ST Act), Jalaun at Orai in Criminal Appeal No. 56 of 2015 (Ramesh Chandra Nagaich v. Shyam Sharan Tiwari) , whereby the judgment and order of acquittal dated 10.09.2015 passed in favour of revisionist by the Special Judicial Magistrate-Ist, Jalaun at Orai in Complaint Case No.1003 of 2014 (Ramesh Chandra v. Shyam Sharan Tiwari) u/s 138 of Negotiable Instrument Act, Police Station-Kotwali Orai, District Jalaun has been set aside on the ground that the trial by the lower court was conducted without jurisdiction and with such finding, the court of Chief Judicial Magistrate, Orai has been directed to decide the Complaint Case No. 1003 of 2014 afresh after giving opportunity of hearing to the parties.
(3.) Heard Shri Arun Kumar Tiwari, learned counsel for the revisionist as well as learned A.G.A. Shri Vimlendu Tripathi, and perused the record.;