Criminal Procedure Code, 1973
Section 397—Revision—Maintainability—Legality, propriety or correctness of an order passed by the Metropolitan Magistrate is the very foundation of exercise of revisional jurisdiction—Trial court had not dismissed the complaints and acquitted the respondent after the conclusion of the trial and based on evidence to be presented by the contesting parties—Instead, it had done so on a wrong assumption of legal principles and without resorting to settled legal principles, leading to a miscarriage of justice for the petitioner—Present revision petitions were maintainable without the need to file appeals.
[Para 13.2.1]
Negotiable Instruments Act, 1881
Section 138—Dishonour of cheque—Dismissal of complaints on ground petitioner has violated the provisions of the Punjab Registration of Money Lenders Act as he is engaged in the business of money-lending without requisite license—Revision—Section 3 of the Punjab Registration of Money Lenders Act does not limit operation of Section 138 of the NI Act and both are independent and mutually exclusive to each other—If a person advances a loan even without having a valid money lending license or certificate he can institute and prosecute complaint under Section 138 of the Act on basis of cheques and he has to satisfy only the mandatory requirements of Section 138 of the Act—Trial court has adopted a wrong procedure alien to Chapter XX of the CrPC in dismissing complaints merely on basis of examination of petitioner under Section 165 of the Evidence Act and reply to show cause notice and without resorting to trial as per the law—Complaints filed by petitioners are remanded back to the concerned trial court for expeditious trial in accordance with law.
[Paras 12.5, 13 & 13.1]