( 1 ) RULE. The learned counsel for the respondents waived service of Rule and, on joint request, the application was taken up for final disposal.

( 2 ) BY this revision application, the petitioner has challenged the judgment and order dated 10. 6. 2003 of the learned Additional Sessions Judge, Fast Track Court No. 3, Vadodara, made in Criminal Revision Application No. 109 of 2003, whereby the revision application of the respondent No. 2 was allowed and the order dated 17. 2. 2003 of the learned Chief Judicial Magistrate in Muddamal Application No. 47 of 2003 was quashed and the matter was remanded for re-hearing. The order under revision before the learned Additional Sessions Judge had, in substance, directed delivery of the muddamal cheque to the present petitioner for the purpose of presentation in bank. The muddamal articles about which the controversy has reached this Court are a number of cheques recovered pursuant to the complaint dated 4. 2. 2003 of the respondent No. 2 which was registered in DCB Police Station, Vadodara as No. I-8 of 2003.

( 3 ) THE peculiar facts of the case are such that, according to the petitioner, the accused in the aforesaid complai