KANTA VERMA Vs. SURINDER GUPTA

JUDGEMENT

(1.) THIS motion of revision is directed against the order dated 21.2.2003 recorded by the learned Sub -Judge, Judicial Magistrate First class, Jammu in a complaint titled as Surinder Gupta v. River Ridge and Anr. for offence under Section 138 Negotiable Instrument Act pending decision before the said court, whereby the learned court came to issue warrant of arrest against the petitioner who figures as accused -1 in the said criminal complaint after rejecting her application for exemption from her personal appearance for the said date, which has sought on the medical grounds.

(2.) BARE perusal of the impugned order reveals that it has been passed by the learned Magistrate after taking of cognizance of offence under Section 138 Negotiable Instrument Act upon the complaint in question and before its final disposal. Therefore , it is an interlocutory order. Section 435 of the State Code of Criminal Procedure deals with the power of the High Court, - - the Sessions Judge and of the Chief Judicial Magistrate for calling the record of any proceedings for its examination pending before any inferior Criminal Court situate within the local limits of its jurisdiction for the purpose of satisfying himself as to the correctness, legality or propriety of any finding , sentence of order . Section 4(a) of this section provides that powers of revision conferred by this section shall not be exercised in relation to any interlocutory order passed in any appeal, inquiry, trail or other proceedings.

(3.) VIEWED thus, motion of revision is not sustainable. Same is dismissed in limine. Copy of the record of the case together with copy of this order be sent back to the court below for information with further direction to proceed with the case in accordance with law. Respondent, Surinder Gupta, who is present in person, is directed to cause his appearance before the court below on 12.06.2003.