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1997 Supreme(Mad) 881

S.M.SIDICKK
K. Govindaraj – Appellant
Versus
Ashwin Barai – Respondent


Appearing Advocates:For the Petitioner:V. Padmanabhan, Advocate. For the Respondent:S. Mahimairaj, Advocate.

Judgment :-

S. M. SIDICKK, J.

This is a petition filed by the petitioner/accused under sections 482 and 483 of the Criminal Procedure Code, 1973, to set aside the order dated March 28, 1995, made in Criminal Revision Petition No. 15 of 1994, on the file of the Principal Sessions Judge at Pondicherry, with reference to C.C. No. 230 of 1992, on the file of the Judicial Magistrate, Pondicherry.

The material allegations in the petition are as follows :

The respondent had preferred a complaint against the petitioner for an offence under section 138 of the Negotiable Instruments Act, 1881, before the Judicial Magistrate, Pondicherry, in C.C. No. 230 of 1992, and the learned magistrate had framed charges against the petitioner. The petitioner aggrieved by that had preferred a Criminal Revision Petition No. 15 of 1994, before the Principal Sessions Judge, Pondicherry, under section 397(1) of the Criminal Procedure Code, 1973, to revise the charges framed by the Judicial I Class Magistrate, Pondicherry, and also to discharge the accused from the case in C.C. No. 230 of 1992, on the file of the Judicial I Class Magistrate, Pondicherry. The Judicial I Class Magistrate, Pondicherry, had violated







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