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Judgment
H.R. Panwar, J.—By the instant criminal misc. petition u/s 482 Cr.P.C. the judgment and order dt. 15.09.2007 passed by learned Sessions Judge, Churu (for short ''the revisional Court'' hereinafter) in Criminal Revision No. 138/04 has been challenged whereby the revision petition filed by the respondent No. 2 Narain Chand against the order dt. 15.10.2004 passed by Judicial Magistrate, Sardarshahar (for short ''the trial Court'' hereinafter) dismissing the application filed by respondent No. 2 seeking to drop the proceedings, was allowed.
I have heard learned Counsel for the parties.
It appears that the proceedings were initiated in the year 1998 by way of filing a complaint by the petitioner against respondent Narain Chand for the offence u/s 138 of the Negotiable Instrument Act, 1881 (for short ''the Act'' hereinafter). Thereafter, the trial Court took the cognizance of the offence and proceeded with the complaint case. When the matter came up for evidence of complainant, at that stage, an application was filed by respondent No. 2 Narain Chand dt. 21.07.2004 seeking to recall the order taking cognizance and dropping the proceedings. That application came to the dismissed by order dt. 15.10.2004 by the trial Court, against which, the respondent No. 2 filed a revision petition and the revisional Court allowed the revision petition relying on a decision of Hon''ble Supreme Court reported in 1992 Cr.L.R. 677 (SC) K.M. Mathew v. State of Kerala. According to learned Counsel for the petitioner, the decision in K.M. Mathew''s case has been overruled by Three Judges Bench decision of Hon''ble Supreme Court in Adalat Prasad Vs. Rooplal Jindal and Others,
In my view, the revisional Court fell in error in setting aside the order dt. 15.10.2004 since the decision in K.M. Methew''s case do not hold the field as it has been overruled by Hon''ble Supreme Court in Adalat Prasad v. Rooplal Jindal and Ors., (supra). Thus, the order impugned cannot sustain and is liable to be set aside.
Consequently, the criminal misc. petition is allowed. The order impugned dt. 15.09.2007 passed by revisional Court is set aside.