Code of Criminal Procedure, 1973–Secs. 397/401–Negotiable Instruments Act, 1881–Sec. 138–Revision against the order of remand by appellate Court–High Court set aside the order of remand and convicted the appellant–Whether proper?–Held, no–High Court was to consider as to whether the order of remand, passed by appellate Court was legal or not–It could not have been proceeded to decide the complaint on merits–Further, if the High Court examined the issue of remand and held the same to be legal, it could have directed to Magistrate to decide the complaint in term of directions issued by appellate Court–Jurisdictional error was committed by High Court–Further held, appellate Court was also not justified in remanding the matter as enough material was available before it and it was to decide the appeal–Appellate Court is directed to decide the appeal.
