JUDGMENT (ORAL)

Ram Chand Gupta, J. —The present revision petition has been filed under Section 397 read with Section 401 Cr.P.C. against order dated 4.11.2009 passed by learned Additional Sessions Judge, Faridabad, in an appeal, against judgment of conviction dated 2.3.2009 and order of sentence dated 3.3.2009 passed by the court of learned Chief Judicial Magistrate, Faridabad, vide which the present revision petitioner was convicted for offence under Section 138 of the Negotiable Instrument Act (hereinafter to be referred as the ‘Act’) and was sentenced to undergo rigorous imprisonment for a period of six months and to pay an amount of Rs.2,00,000 as a compensation, vide which judgment of conviction and order of sentence passed by learned trial Court was set aside and the case was remanded to learned trial Court for recording the statement of accused under Section 313 Cr.P.C. in accordance with law and to proceed thereafter in accordance with law.

2. I have heard learned counsel for the parties and have gone through the whole record carefully.

3. Briefly stated, the respondent/complainant Satya Narayan Sharma had filed a complaint under Section 138 of the Act against the present