R.K. Bag, J. - (1.) The petitioner has preferred this revision under section 482 of Code of Criminal Procedure, 1973 challenging the order dated July 16, 2013 passed by learned Additional Sessions Judge, 5th Court, Paschim Midnapore in Criminal Revision No. 349 of 2012 by setting aside the order dated June 26, 2012 passed by learned Judicial Magistrate 4th Court, Paschim Midnapore in C.R. Case No. 731 of 2008.
(2.) It appears from record that the petitioner being the de-facto complainant filed a petition of complaint against the opposite party No. 2 before the Court of learned Magistrate on the allegation of committing offence under section 138 of the Negotiable Instruments Act. The plea of the opposite party No. 2 was recorded by learned Magistrate for the offence under section 138 of the Negotiable Instruments Act. The evidence of the complainant was closed and the opposite party No. 2 being the accused persons was also examined under section 313 of the Code of Criminal Procedure, 1973 and the case was posted for examination of the defence witnesses. During such period the Presiding Officer of the Court of learned Magistrate was transferred and a new Presiding Officer joined in the Court of learned Magistrate. The opposite party No. 2 filed an application before the Court of learned Magistrate praying for denovo trial. The said application of the opposite party No. 2 was rejected by learned Magistrate on June 26, 2012. The opposite party No. 2 challenged the order of the learned Magistrate before the Court of Sessions by preferring Criminal Revision No. 349 of 2012.
(3.) On June 16, 2013, learned Additional Sessions Judge, 5th Court, Paschim Midnapore, disposed of Criminal Revision No. 349 of 2012 by setting aside the order passed by learned Magistrate. Learned Additional Sessions Judge gave direction to learned Magistrate to hear the application filed by the opposite party No. 2 afresh and pass a reasoned order after giving opportunity of hearing to both parties. The Judgement and order passed by learned Additional Sessions Judge in Criminal Revision No. 349 of 2012 is under challenge in this revision.;