B.N. VENUGOPAL Vs. A. DHARMALINGAM

JUDGEMENT

(1.) Heard the learned counsel for the petitioner. The respondent though served with notice, remained absent before the Court. It is the order passed by the learned Magistrate dated 4.10.2016 passed by the JMFC II Court at Shivamogga in C.C. No. 4002/2009 in directing the petitioner to deposit a sum of Rs. 2.00 lakh received on 31.3.2015 in the open Court, within 15 days from the date of the order which is a condition precedent to proceed with the matter against the accused.

(2.) The said order was called in question before the II Addl. Sessions Judge at Shivamogga in Crl.Revision Petition No. 62/16 and the said Criminal Petition came to be dismissed on the ground that the said order passed by the learned Magistrate is not an order on merits and it is an interlocutory order. Therefore, the revision was dismissed as not maintainable.

(3.) What remains for consideration of this Court is that, Whether the order passed by the learned Magistrate dated 4.10.2016 in C.C. No. 4002/2009 is correct and is in accordance with law.