R G NARAYANA REDDY Vs. CHINNAPPA

JUDGEMENT

(1.) Thi Civil Revision Petition is one under S. 115 C.P.C. and arises out of an order dated 19-1-19 78 passed by the Principal Civil Judge, Kolar in Misc. Appeal No. 155 of 1975 dismissing the appeal filed by the revision petitioner R' G. Nara- yana Reddy, who will hereinafter be referred to as the 'petitioner', against the order dated 25-8-19 75 passed by Addl. Munsiff, Kolar in Misc. No. 5 of 1975, an application filed by him under S. 340 Crl.P.C. 1973 (shortly called the 'Code') requesting the Munsiff to file a complaint against all the respondents herein alleging that they had committed offences under Ss. 193 to 211, 463, 47!. 475 and 476 IPC. relating to the proceedings in a civil suit in O.S. No. 12/1968 on his file brought by the 1st respondent Chinnappa against the petitioner, respondent-5 Patel Ven- kataswamy Reddy and one Venkataramanappa on the strength of the forged as- signment of a promissory note executed by the petitioner and respondent-5 in favour of the said Venkataramanappa. The learned Munsiff, after holding an enquiry, dismissed the application as per order dated 25-8-1975 referred above on the ground that it was not expedient in the interests of justice to lodge a complaint against the respondents. The petitioner, being aggrieved by the said order filed Misc. Appeal No. 155 of 19 75 on the file of the Principal Civil Judge, Kolar, which also ended with the same result of dismissal as per the order dated 19-1-1978. It is the correctness of this order that is sought to be challenged by the petitioner in this civil revision petition which, as stated supra, is one under S. 115 of the Code of Civil Procedure.

(2.) While arguing on the revision petition for admission, Shri M. S. Gopal. learned counsel for the petitioner, has not disputed that the order of the appellate court against which the present revision is filed, is an order made in the appeal filed by the petitioner under S. 341 of the Code against the order of the Addl. Mnnsiff, Kolar dismissing an application filed by him (petitioner) under section 340 of the Code.

(3.) Now the question for consideration will be whether an order passed in appeal under S. 341 of the Code is revisable under S. 115 C.P.C,