( 1 ) THE original complainant of Criminal Case No. 894 of 1989 of the Court of J. M. F. C. , Mirzapur has filed the present Revision Application against an order below Exh. 14 of the said Criminal Case. Initially, the complaint came to be dealt with by the learned Chief Judicial Magistrate of Magistrate court, Mirzapur, Ahmedabad, Rural District who was pleased to take cognizance on 7-7-1989, the date of the filing of the complaint and was pleased to order that process be issued for offence under Sec. 138 of the Negotiable Instruments act, 1881 (hereinafter referred to as the said Act ).

( 2 ) THE matter thereafter, came to be transferred to the said Court of j. M. F. C. and to be precise the 4th Court and the application Exh. 14 came to be given by the respondents-accused of the said Criminal Case on 6-1-1990. The learned Magistrate heard the parties and by his order dated 31-1-1990 allowed the application and acquitted the accused. Now, we are not concerned whether he could have acquitted the accused under Sec. 203 of Cr. P. C. or what order should have he passed at the end of hearing of the said application if at all he was inclined to accept * praying to quash and se