ORAL ORDER

1. The present Criminal Revision Application is filed by the original complainant under Section 397 read with Section 401 of the Code of Criminal Procedure challenging the legality and validity of the order dated 13.02.2019 passed by the learned 2nd Additional Senior Civil Judge, & Judicial Magistrate First Class, Mahuva, District : Bhavnagar below Exhibit-151 in Criminal Case No. 641 of 1996.

2. The case in brief is that the applicant – original complainant had filed a complaint with Deputy Superintendent of Police Mahuva, District : Bhavnagar on 04.02.1994 for the offences punishable under Sections 406, 420 of Indian Penal Code, against respondent no. 2 herein. In view of the Police report being filed that no offences were committed by respondent no. 2, the question was then decided by the learned Judicial Magistrate, First Class, Mahuva, District : Bhavnagar, who on 02.07.1996 was pleased to issue process against respondent no. 2 for the offences punishable under Section 420 of the Indian Penal Code and the charge came to be framed on 14.07.2008. The said framing of charge was challenged by respondent no. 2 by preferring Criminal Revision Application No. 26 of 2008 before the learned Sessions Court, Bhavnagar (Camp at Mahuva), which was dismissed on 09.02.2009. Thereafter, a petition for quashing also came to be submitted before this Court which also came to be rejected on 05.09.2014 being Criminal Misc. Application No. 9296 of 2009. The applicant learnt that respondent no. 2 had stated that the work of construction of the plot no. 38 which was allotted to the applicant in Muninagar Co-operative Housing Society Ltd., was complete, though substantial construction was left out. Respondent no. 2 also demanded extra payment though he had assured that no extra charge would be demanded from any member. Though the applicant had made full payment, but on account of respondent no. 2, a criminal complaint came to be filed, which was registered as Criminal Case No. 641 of 1996 which is presently pending in the court of learned 2nd Additional Civil Judge and Judicial Magistrate First Class, Muhava, District : Bhavnagar. In the said criminal case, documents were produced and during examination of the investigating ofÏcer as such, an application was moved by the present applicant – original complainant, at Exhibit-151 that those referred documents be exhibited. The said application came to be rejected and in addition to it, an amount of Rs.10,000/- was towards costs was imposed upon the applicant and it is this order which is made the subject matter of the present Criminal Revision Application under Section 397 read with Section 401 of the Code of Criminal Procedure.

3. In the present Criminal Revision Application on 03.04.2019, notice for final disposal came to be issued, but thereafter, on account of circumstances, from time to time, the matter got adjourned and ultimately, heard at length on 23.08.2021 and was put up for orders on

31.08.2021. Learned advocate Mr. Brijesh J. Trivedi appearing on behalf of the applicant has submitted that the order passed by the court below is nothing but reflecting a clear error in exercise in jurisdiction. While passing the impugned order, the learned Judge has unnecessarily weighed with the pendency of the proceedings of 1996 and has on the contrary, imposed costs upon the applicant and for giving such kind of application. This exercise of discretion is clearly irregular in nature and, therefore, this is a fit case in which revisional jurisdiction be exercised. Learned advocate Mr. Trivedi has submitted that it appears from the bare reading of the order that the learned Judge has mixed up two applications i.e. the present one at Exhibit-151 and Exhibit-119, which was filed under Section 173(8) of the Code of Criminal Procedure. Simply because Exhibit-119 application was rejected on 06.11.2017. it would not preclude the applicant from filing any other substantive application. The learned Judg