Tribhuvan Nath vs State Of U.P. & Others
2013 Latest Caselaw 1787 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 25
 

 
Case :- CRIMINAL REVISION No. - 868 of 2008
 

 
Petitioner :- Tribhuvan Nath
 
Respondent :- State Of U.P. & Others
 
Petitioner Counsel :- Dinesh Kumar Tyagi,Abhishek Pandey
 
Respondent Counsel :- Govt. Advocate,A.K.S.Bais
 

 
Hon'ble Mrs. Jayashree Tiwari,J.

Case called out in the revised list.

No one is present on behalf of the revisionist to press this revision.

The present criminal revision has been fled against the order passed by the learned first appellate court under section 138 of Negotiable Instruments Act, whereby quashing the order passed by the learned Magistrate and remanding the matter for re-consideration on the basis of the guidelines given in the body of the judgment.

It is contended in the body of the revision that the order has been illegally and without proper consideration passed by the learned first appellate court whereby quashing the order of the learned trial court and remanding the matter for re-consideration.

In this connection, I have gone through the detailed findings and reasonings given by the first appellate court. At this stage, it is worth noting that an appellate court in exercise of his power of an appeal as along with other powers as mentioned under section 386, 387, 390 and 391 Cr.P.C. has also power to remand the matter for re-hearing to the learned lower court. As such, the exercise of the powers by the learned appellate court is well within its jurisdiction. Apparently, there is no illegality in the order so passed which may require any intervention by this court. The revision, therefore, appears to have no force in itself and is liable to be dismissed as such.

The revision is accordingly dismissed.

Order Date :- 7.5.2013

Monika