MANJULA VIJAYA SHETTY Vs. SHARADA

JUDGEMENT

(1.) this criminal petition is preferred against the order dated 7-10-1988 passed by the iii additional c.j.m., bclgaum in No. P.c. 39/1988 (c.c. No. 1858/1988). The facts, relevant for the disposal of this petition briefly stated, are as under:

(2.) the instant respondent-Smt. Sharada presented a complaint against the instant petitioners-Smt. Manjula vijaya shetty and Sri b. Ananda shctty for an offence punishable under Section 499 r/w Section 34, l.p.c. on the allegations made in the complaint. It appears that the complaint was presented before the prl. C.j. & c.j.m., bclgaum and the c.j.m., belgaum by his order dated 23-9-1988 made over the complaint to the iii addl. C.j.m., belgaum for further proceedings according to law. The complainant was directed to appear before the court of the iii additional c.j.m., bclgaum on 26-9-1988. It appears that on 26-9-1988, the complainant was called out, but was not present and the learned c.j.m. chose to direct that the same be called on 30-9-1988.

(3.) it is seen that the additional c.j.m., bclgaum recorded the sworn statement of Smt. Sharada on 30-9-1988. It is further seen that he recorded the sworn statement of one rama narayana shetty on 1-10-1988 and the matter was posted for orders. Thereafter, he passed an order on 7-10-1988 as under: