(1.) The captioned petition is filed by the accused feeling aggrieved by the order passed by the learned District Judge, wherein the revision petition filed by the petitioner herein under Sec. 397(2) of Cr.P.C. is dismissed as not maintainable.
(2.) The respondent-Complainant has filed a private complaint under Sec. 200 Cr.P.C. for the offence punishable under Sec. 138 of the Negotiable Instruments Act. Learned Magistrate recorded sworn statement, took cognizance and issued process to the accused. The said order was sought to be challenged by way of a revision under Sec. 397 of Cr.P.C. assailing the order of the learned Magistrate taking cognizance and issuing process. The learned District Judge had declined to entertain the revision petition on the premise that the order taking cognizance is in the nature of interlocutory order and revision petition is not maintainable.
(3.) Heard the learned counsel appearing for the petitioner and learned counsel for the respondentComplainant.