GURUNATH RAO Vs. VENU BAI

JUDGEMENT

(1.) The respondent though served has not appeared.

(2.) What has been challenged in this revision petition is the validity of an order made under Section 488 of the Criminal P C. by the Munsiff Magistrate, Aurad and which in revision hag been confirmed by the learned Sessions Judge of Bidar.

(3.) The only contention which has been urged by Mir. Manohar Rao Jagirdar, the learned Advocate for the petitioner, is that the mandatory requirement of Sub-section (6) of Section 488 of the Criminal P.C. has not been complied with, in the present case. The learned Magistrate depended upon the evidence adduced by way of affidavits, to reach his conclusions and evidence was not recorded in the manner required under Sub-section (6) of Section 488, Criminal P.C.