Vijay Bishnoi, J. - (1.) This criminal misc. petition under Section 482 Cr.P.C. has been filed by the petitioner against the order dated 25.11.2016 passed by the District and Sessions Judge, Jodhpur Metropolitan (hereinafter referred to as the 'revisional court'), whereby the criminal revision petition No. 345/2016 filed by the petitioner has been dismissed.
(2.) The petitioner has filed the above revision petition before the revisional court against the order dated 15.10.2016 passed by the Additional Chief Judicial Magistrate No.5, Jodhpur (hereinafter referred to as the 'trial court'), whereby it has allowed the application filed by the respondent No.2 under Section 83 Cr.P.C..
(3.) The brief facts of the case are that the petitioner has initiated proceedings against one Mahesh Thadani under Section 138 of the Negotiable Instruments Act before the trial court. In the said proceedings, despite service of summons Mahesh Thadani failed to appear before the court therefore he was declared as absconder by the trial court on 20.02.2013 and further direction to initiate proceedings against him under Sections 82 and 83 Cr.P.C. has been issued. Later on, the petitioner submitted a list of properties of Mahesh Thadani before the trial court, wherein one residential House No. 14/353 situated at Chopasani Housing Board, Jodhpur was mentioned.;