MAHESHWARI COTTON COMPANY Vs. SHAKUNTALADEVI

JUDGEMENT

(1.) I have heard Shri Deshpande for the applicant-revision petitioner. Shri Bhide for the respondents Nos. 1 to 4 and Shri Sinha Public Prosecutor for the State.

(2.) In this revision petition the order passed by the learned Sessions Judge, Khamgaon, on 18-5-1985, allowing the revision filed before him against the order passed by the Judicial Magistrate, First Class, Malkapur, issuing process against accused-respondents for the offence punishable under sections 420, 109 read with section 34, I.P.C. has been challenged. In the revision before the learned Sessions Judge, the Court by allowing the revision petition set aside the order passed by the learned Judicial Magistrate, First Class, Malkapur, and dismissed the complaint.

(3.) Shri Deshpande has now challenged in this revision petition before this Court the order passed by the learned Sessions Judge on the short ground that the order passed by the learned Magistrate under section 204, Cri.P.C. being an interlocutory order the revision before the learned Sessions Judge was barred under sub-section (2) of section 397, Cri.P.C.