V.K. SHALI, J. (oral) 1. This is a petition under Section 482 of the Cr.P.C. filed by the petitioner Ravi Sharma against the order dated 9th May, 2007 passed by Ms.Mamta Sehgal, the then learned ASJ, New Delhi in Criminal Revision No.38/2007 titled Sumer Rana Vs. Ravi Sharma.

2. By virtue of the impugned order, the learned Sessions Judge had set aside the order dated 28.2.2007 passed by Sh.Rajesh Kr.Singh the then learned MM dismissing the complaint of Sumer Rana for non-appearance and acquitting the accused and directing the parties to appear before the learned Magistrate on 16.5.2007.

3. Briefly stated the facts of the case are that the respondent/Sumer Rana filed three complaints under Section 138 of the Negotiable Instruments Act (hereinafter referred to as the Act) which were assigned to the Court of Sh.Rajesh Kumar Singh, learned MM, New Delhi.

4. It is stated that during the course of proceedings, two complaint cases were fixed on 25.4.2007 while as the third one got adjourned to 28.2.2007.

5. It is alleged that the respondent/complainant Sumer Rana remained under the impression that all the three cases were listed on the same date and he did not appear in Court on 2