JUDGMENT :

S.K. Sahoo, J.

1. None appears on behalf of the petitioner.

2. Heard the learned counsel for the opposite party.

3. The petitioner Uma Shankar Trivedi has filed this criminal revision petition challenging the impugned order dated 16.12.2000 passed by the learned S.D.J.M., Sambalpur in I.C.C. Case No.07 of 2000 in recalling the order dated 22.09.2000 in taking cognizance of the offence under section 448 of the Indian Penal Code and issuance of process against the opposite party.

4. The complaint petition was filed by the petitioner against the opposite party for commission of offence under section 448 of the Indian Penal Code and the learned S.D.J.M., Sambalpur being satisfied that there was sufficient material available on record to proceed against the opposite party, vide order dated 22.09.2000, was pleased to take cognizance of the offence under section 448 of the Indian Penal Code and issued process against the opposite party for his appearance.

5. After receipt of the summons, the opposite party filed an application before the learned S.D.J.M., Sambalpur on 14.11.2000 to recall the order of taking cognizance dated 22.09.2000. He relied upon the decision of the Hon’ble Supr