HIGHCOURT OF CHHATTISGARH. BILASPUR Criminal RevisionNo.381 of 2006 % APPLICANT: NON-APPLICANTS: Uttam Singh Domir, S/o Late Manohar Singh Aged about 50 years, Caste Sikh, Occupation Transporter, R/o MIG/39 A, Chandela Vihar, Ring Road No.2, Jarhabhata, Thana Civil Line, District Bilaspur, C.G. Versus 1. Managing Director, M/sAshok Leyland Finance Pvt. Ltd. SudarshanBuilding, 86 Chemiyar Road, P.0. Chennai, District Chennai, (Tamilnadu) 600018 2. Rajesh Kumar, Manager, M/s Ashok Leyland Finance Pvt. Ltd. Near C.M.D. Chowk, Link Road, Thana Tarbahar, Bilaspur, District Bilaspur, C.G. 3. Director, M.P. Diesel Pvt. Ltd. Vitthal Smiriti, G.E. Road Raipur, District Raipur, C.G. 4. Owner, Raipur Diesel, Rajendra Nagar Chowk, Thana Civil Lines District Bilaspur,C.G. {Application under Section 397/401 oftheCriminal Procedure Code 1973} Present: Mr. Shyam M. Tekchandani, counsel for the applicant. Mrs. Fouzia Mirza, counsel for non-applicant No.1. None present for non-applicantNo.2. No representation is made. Mr. Vivek Rathbre, counsel for non-applicant No.3. Mr. Avinash Chand Sahu, counselfor non-applicant No.4. Sinale Bench: Hon'ble Mr. T.P. Sharma, J ORALORDER (9-2-2011) 1. Heard. 2. Bythis revision under Section 397 readwith Section401 of theCrPC, theapplicant has challenged legality & propriety of the order dated 9-11- 2005 passed by the Additional Chief Judicial Magistrate, Bilaspur in an ':^^^ Soma unregistered complaintcase, whereby learned Additional ChiefJudicial Magistrate has dismissed the complaint filed on behalf of the applicant herein under Section 203 ofthe CrPC. 3. Learned counsel for the applicant submits that at the time of dismissing the complaint, the trial Court has not considered the evidence adduced on behalf of theapplicant herein and thereby committed illegality. 4.0ntheother hand, learned counsel for non-applicants No.1, 3 & 4 opposethe revision. 5. I have perused copies of documents, statements, complaint and other documents. 6. Considering the statements of witnesses and other documents, the revision is allowed, Order impugned is hereby quashed and the trial Court is directed to make further inquiry into thecomplaint dismissed under Section 203 of the CrPC, in accordance with Section 398 of the CrPC. 7. The applicant is directed to present before the trial Court on 14-3-2011. Sd/- T.P. Sharma Judge