1. By way of this Revision Application, the applicant has prayed to quash and set aside the impugned order dated 16.2.2010 passed by the learned Metropolitan Magistrate, (Negotiable Instruments Act) Court No.6, Ahmedabad in Criminal Case No.971 of 2009.
2. Learned advocate Mr. Amin for the applicant submitted that the order passed by the learned Magistrate is not just and proper. He produced Rojkam clearly reveals that the process was issued against the accused and in connection with the service of summons, the accused had appeared through his advocate. The provisions of Section 204(4) of the Code of Criminal Procedure can apply only in the case when no process fee is paid within reasonable time. He also submitted that the advocate who was engaged by the applicant is appointed as the prosecutor and the applicant was under the impression that his case is being looked after. Learned trial Judge dismissed the case of the applicant on the ground of non-payment of process fees. He submitted that the order passed by the learned Magistrate is required to be quashed and set aside by remanding back the matter to the concerned trial Court.
3. Heard learned APP Mr.Jani for the State.
4. I have perused the application along with papers. I have also considered the submissions made by the learned advocate for the parties. From the order passed by the learned Magistrate, it is found to be erroneous and learned trial Judge has not taken into consideration the provisions of law, while passing the order. I have also perused Roznama of the lower Court. It appears that original accused is served and even he appeared before the lower Court, yet learned trial Judge has not considered and straightway dismissed the case on the ground of nonpayment of process fees. In the case, the complaint is lodged under Section 138 of the Negotiable Instruments Act by the complainant against the accused regarding dishonor of three cheques for the total amount of Rs.19,50,000/-. Therefore, I am of the view that the matter is required to be remanded back to the concerned trial Court.
5. In view of the above, this Revision is partly allowed. The impugned judgment and order dated 16.2.2010 passed by the learned Metropolitan Magistrate, Negotiable Instruments Act, Court No.6, Ahmedabad in Criminal Case No.971 of 2009 (old Criminal Case No.3291 of 1998) is hereby quashed and set aside. The case is remanded back to the trial Court with a direction to decide the same on merits and in accordance with law. The learned Chief Metropolitan Magistrate, Ahmedabad, is directed to notify the said Criminal Case before the concerned Metropolitan Magistrate with a direction to decide the said case within a period of one year from the date of receipt of the writ of this order. R & P, if received, be sent back to the trial Court, forthwith.
(Z.K.SAIYED,J.) ynvyas Top