Heard learned counsel for the revisionists and perused the impugned order.
Notice on behalf of the respondent no. 1 has been accepted by learned A.G.A, who prays for and is allowed four weeks time to file counter affidavit.
Issue notice to respondent no. 2, who may also file counter affidavit within same period, rejoinder affidavit may be filed within two weeks thereafter.
List after six weeks.
Submission is that the Court below has committed a patent error of law in refusing to discharge the revisionists, despite having accepted the factual as well as legal contention of the revisionists that prior to filing of the impugned complaint, the O.P. No. 2 had filed another complaint in respect to the same offence and on the same set of facts under Section 138 N.I., Act which was dismissed in default and the said order was allowed by the O.P. No. 2 to attain finality and which amounted to the acquittal of the revisionists.
In view of the above, it is directed that till the next date of listing, further proceeding of Complaint Case No. 13371 of 2007, under Section 138 N.I. Act, P.S. Sector 20, Noida, District Gautam Budh Nagar pending in the Court of Learned C.J.M. Gautam Budh Nagar shall remain stayed.
Order Date :- 14.2.2011 arun