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Judgment
The present petition is against the order dated 15.01.2018 passed in Criminal Revision No.199/2017, whereby the revisional Court has set aside the
order dated 05.09.2017 by which the complaint filed under Section 138 of the Negotiable Instruments Act by the respondent was dismissed by the
JMFC.
Perusal of the order dated 05.09.2017 passed by the JMFC, Bilaspur would show that the complaint was dismissed for absence of the complainant
in exercise of power under Section 249 of Cr.P.C. The complaint having been dismissed it will result into acquittal and as is against the order of
acquittal the revision though was entertained but was not tenable. Consequently, the order of the revisional Court dated 15.01.2018 is without
jurisdiction and accordingly, the same is nonest in the eyes of law and is set aside. The respondent/complainant shall be at liberty to take appropriate
proceedings as available to him under the law. The records of the trial Court shall be returned back forthwith.
Accordingly, the petition stands allowed.