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Chander Has Sharma v. Kirti Chander - CRM-70807-M-2006  RD-P&H 9986 (7 November 2006)
Crl. Misc. No. 70807-M of 2006
DATE OF DECISION : 14.11.2006
Chander Has Sharma
CORAM :- HON'BLE MR. JUSTICE SATISH KUMAR MITTAL
Present: Mr. D.S. Bali, Senior Advocate, with Mr. D.V. Gupta, Advocate,
for the petitioner.
* * *
The petitioner, who is facing trial in complaint under Section 138 of the Negotiable Instruments Act, filed by the respondent in the court of Judicial Magistrate Ist Class, Rohtak, has filed this petition under Section 482 of the Code of Criminal Procedure for setting aside the order dated 7.11.2006, passed by Additional Sessions Judge, Rohtak in Criminal Revision No. 27 of 5.5.2006, whereby the application filed by the petitioner for pre-poning the date of hearing in the revision petition or in the alternative for staying the proceedings before the trial court has been dismissed.
I have heard counsel for the petitioner and perused the impugned order.
The petitioner has filed revision petition against the order dated 22.3.2006, passed by Judicial Magistrate Ist Class, whereby his application for dismissing the aforesaid complaint was dismissed. The said revision petition is now pending adjudication for 18.1.2007. The revision was adjourned in presence of counsel for the parties. Subsequently, the trial court fixed the case for evidence of the complainant.
After hearing counsel for the petitioner, I do not find any ground to interfere in the impugned order, which has been passed by the revisional court in exercise of its discretionary power.
However, the revisional court is directed to decide the aforesaid revision petition expeditiously, preferably on the same day or on the next date.
November 14, 2006 ( SATISH KUMAR MITTAL ) ndj JUDGE
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