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Judgment
Mahesh Chandra Sharma
This is a criminal misc. petition u/s 482 Cr.P.C. against the order dated 23.11.11 passed by learned Addl. Sessions Judge (Fast Track) No. 8, Jaipur City, Jaipur (for short ''the learned revisional court'') in criminal revision pet. No. 294/10, by which the revision petition was dismissed and affirmed the order dated 3.8.2010 passed by learned Addl. CJM No. 8, Jaipur City, Jaipur (for short ''the learned trial court''). Learned counsel for the petitioner submits that both the learned courts below have failed to consider the provisions of sections 79 and 80 of the N.I. Act. He submits that the orders impugned passed by both the learned courts below be quashed and set aside and the matter be remanded to the learned trial court with the direction to decide the same afresh in the light of aforesaid provisions and also in the light of C.B. Joseph v. M.P. Chandran, decided on 11.7.89 passed in A.S. No. 162/88.
Learned PP has opposed the aforesaid submissions.
In my considered view, the learned courts below while passing the impugned orders have not gone through the facts of the case and passed the orders impugned without considering the facts and circumstances of the case. Thus, the orders impugned passed by the learned courts below need interference of this Court. In the result this criminal misc. petition is allowed and the order dated 23.11.11 passed by learned Addl. Sessions Judge (Fast Track) No. 8, Jaipur City, Jaipur in criminal revision pet. No. 294/10, by which the revision petition was dismissed and affirmed the order dated 3.8.2010 passed by learned Addl. CJM No. 8, Jaipur City, Jaipur are quashed and set aside with the direction to the learned trial court to decide the matter afresh in the light of aforesaid submissions as also the objections which he has raised in this petition as also in the light of the case of C.B. Joseph (supra). Both the parties are directed to appear before the trial court on 30.4.2012.