2011 (1) TMI 1521

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.... JUDGMENT Kailash Chandar Joshi, J. 1. Heard learned counsel for the petitioner as well as learned counsel for the non-petitioner. Learned counsel for the petitioner contends that against the order of Special Judicial Magistrate, (Negotiable Instrument Cases) No. 2 Udaipur, the appeal was filed by the complainant in the Court of Sessions, Udaipur who in turn transferred the appeal to the Co....

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....the petitioner further contends that as the complainant filed the appeal against the order of acquittal in the Court of Sessions and the same was accepted by the Court of Addl. Sessions Judge No. 1, Udaipur who having no jurisdiction while exercising the powers under Section 378 (4) of the Cr.P.C., therefore, the order dated 12.10.2010 passed by the learned Addl. Sessions Judge No. 1, Udaipur in C....