Dear Members,
1. a party has made a complaint before Magistrate under 420IPC, 406 IPC and 138 of NI Act against three persons intentionally knowing that two persons in the compaliant has nothing to do with this case.
2. at the time of filling case there was a NBW against the complainant itself and knowing to the facts he has given his witness before magistrate.
3. after hearing witnesses the magistrate has issued summons to only one persons under the provisions of NI Act 138.
4. later on the complainant has got Anticipatory bail in the earlier case and he filled the case before Sessions court to include section 420 and 406 of IPC against all the three accused.
5. later on the complainant flasely submitted before the sessions court that a number of criminal cases are pending against accused no.2 (on which the magistrate has not taken cognizence) and then in arguments the lawyer of the accused no.2 has submitted to the court of sessions that i am ready to say in the court on oath that no criminal case is pending against me in the entire country and then the complainant has withdraw the supplementary applications from the court of sessions.
6. can you members suggest me the remedy left in the case. will the court of Session will quash the revision petition on merit.
an early reply with some citation will be helpful for me.
