Nisha Gupta, J. - (1.) This criminal revision petition under Section 397 read with Section 401 of CrPC has been filed against the order dated 27.11.2012 passed by the Additional District and Sessions Judge, No. 9, Jaipur Metropolitan in Criminal Appeal No. 15/2012 whereby the Appellate Court had set aside the order of Additional Chief Metropolitan Magistrate No. 12, Jaipur Metropolitan City in complaint case No. 849/2012 convicting the accused respondent and the matter has been remitted for re-consideration.
(2.) The brief facts of the case are that the complainant petitioner filed a complaint against the accused respondent under Section 138 of the Negotiable Instruments Act. After trial of the complaint the accused respondent has been convicted under Section 138 of the NI Act and was sentenced to undergo two years simple imprisonment and a fine of Rs.2,59,000/-. The accused respondent preferred an appeal against the said conviction and sentence and the Appellate Court has remitted the matter to the Court below for retrial.
(3.) The contention of the petitioner is that the order of the Appellate Court is contrary to law as the case was tried as a summons case as no record has been prepared under Secs. 263 and 264 CrPC and there was no reason to remit the matter to the learned Trial Court for summary trial under Section 143 NI Act. The order is totally unjustified and uncalled for. Hence, the order of the Appellate Court be quashed and set inside. He has placed reliance on Ajay Nahta v. Rakesh K. Jain & Anr., 2012 (1) CrLR (Raj.) 140 : 2012 (2) NIJ 418 (Raj) .;