2022 (6) TMI 606

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....t. ORAL JUDGMENT : Heard learned Counsel for the parties. With their consent matter is taken up for final disposal by issuing Rule, making the same returnable forthwith. 2. The petitioner is the original accused in Summary Criminal Case No.8037/2020 pending on the file of Judicial Magistrate First Class, Nagpur for the offence punishable under Section 138 of the Negotiable Instruments Act....

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....17.12.2020. Admittedly the order of issuance of process was not challenged before the higher forum. Thereafter, on an application filed by the respondent / complainant, the learned Magistrate vide order dated 06.01.2022, directed the petitioner to pay 20% of the disputed cheque amount towards compensation within a stipulated period in terms of Section 143-A of the Negotiable Instruments Act. 4.....

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....revision petitioner made a misstatement before the Court and refused to take steps. The conduct of the learned Advocate has been recorded in the impugned order by the learned Judge. The order further indicates that the learned Advocate for the revision petitioner instead of complying with the directions, himself requested the Court to dismiss the revision petition. The learned Judge recording said....

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....-serve the ends of justice, the petitioner can be permitted to agitate his grievance in the revision petition on merits. However, record indicates that the petitioner has refused to take steps, as well as asked the learned Judge to dismiss his own revision, which speaks volume. 8. In view of above, it is desirable to restore the revision petition on certain terms, since revision petition was no....