Court No. - 34
Case :- CRIMINAL REVISION No. - 804 of 1995 Revisionist :- Suresh Mittal Opposite Party :- State Of U.P. And Another Counsel for Revisionist :- R.K. Khanna Counsel for Opposite Party :- Govt. Advocate
Hon'ble Sudhir Agarwal,J.
1. Heard Sri R. K. Khanna, learned counsel for revisionist and learned A.G.A. for State.
2. This criminal revision under Section 397/401 Cr.P.C., has been filed aggrieved by the order dated 08.05.1995 passed by Smt. Ranjana Pandey, Chief Judicial Magistrate, Saharanpur in Case No.1814 of 1995 whereby complaint of Revisionist under Section 138 N.I. Act has been dismissed and accused- respondent has also been acquitted.
3. Learned counsel for Revisionist-Complainant contended that complaint was dismissed on account of absence of Complainant but it simultaneously also acquitted the accused-respondent. It is submitted that though complaint is rejected but question of acquittal of accused-respondent does not arise and to this extent impugned order is bad.
4. However, having gone through the record I find that Court below ought not have acquitted the accused, but even if impugned order is modified to this extent, the fact remains that Revisionist's complaint has been rejected and no illegality could be shown by learned counsel for Revisionist in the order rejecting complaint of Revisionist. Hence, I find no valid reason to interfere with the impugned order.
5. Dismissed. Interim order, if any, stands vacated.
6. Certify this judgment to the lower Court immediately.
Order Date :- 22.8.2019 Manish Himwan