P.K.LOHRA,J. - (1.) Petitioner-complainant has filed this revision petition under Section 397 read with Section 401 Cr.P.C to challenge judgment dated 7th of March 2018, passed by Addl. Sessions Judge No.5, Jodhpur Metropolitan (for short, 'learned appellate Court'). By the order impugned, learned appellate Court, while setting aside judgment dated 11th of September, 2017 passed by Addl. Civil Judge and Metropolitan Magistrate No.9, Jodhpur Metropolitan (for short, 'learned trial Court'), remanded the matter back to learned trial Court for its decision afresh as expeditiously as possible, preferably within a period of three months.
(2.) The facts, in brief, are that petitioner-complainant made a complaint against accused-respondent for offence under Sections 138 and 142 of the Negotiable Instruments Act. Upon completion of trial, learned trial Court indicted accusedrespondent for offence under Section 138 of the Act and handed down sentence of simple imprisonment for one and half years with fine of Rs.3,59,000/-, which was ordered to be paid to the complainant as compensation under Section 357 Cr.P.C.
(3.) Feeling aggrieved by the same, accused-respondent approached learned appellate Court. The learned appellate Court, upon perusal of the materials available on record, found that learned trial Court did not mark the documents of petitioner-complainant as exhibits, which were filed in support of the complaint. It is further observed that marking of exhibits is simply made on the documents mentioned in the affidavit submitted by complainant. Learned trial Court has also observed that accused-respondent was not given proper opportunity to rebut the presumption under Section 139 of the N.I. Act as he has denied his signatures on the disputed cheque.;