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2015 (4) TMI 1320 - BOMBAY HIGH COURTDishonor of Cheque - maintainability of the Criminal Revision Application on the ground that impugned order passed by the Magistrate would be interlocutory in nature - HELD THAT:- On consideration of the submissions, I am unable to persuade myself to hold that the impugned order would be in the nature of interlocutory order. It is trite that the term interlocutory order is not defined under the Cr.P.C. However, it is now well settled that an interlocutory order is not converse of a final order. In other words, every order, which is not final, would not necessarily be interlocutory in nature. There may be certain orders, which although not final, may still not be interlocutory. In my considered view, the impugned order would fall in the said category. This is because any order, which substantially or materially, affects/decides the rights of the parties, in relation to the material controversy in question, cannot be said to be interlocutory. The order, in which the witnesses are produced and examined, has to be regulated by the law and practice for the time being relating to Civil and Criminal Procedure respectively and in the absence of any such law, by the discretion of the Court. The impugned order can now be tested both on account of the proceedings being in the nature of civil proceedings and/or on the basis of Section 311 of Cr.P.C., under which the applications were purportedly filed by the respondent - thus, it can be seen that where a party himself wishes to appear as witness, he shall so appear before any other witness on his behalf is examined, unless the Court for the reasons to be recorded, permits him to appear as his own witness at a later stage. The impugned orders do not show any consideration in this regard. The net result is that it is open for the learned Magistrate to lay down his own procedure for disposal of an application under Section 12 or under sub-section 2 of Section 23 of the Act. However, the Magistrate, depending upon facts and circumstances of the case, would be guided by principles akin to or underlying the relevant provisions under the Evidence Act and other enactments, governing procedural aspects. The Revision Application is allowed.
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