I. D. Dua, C. J. (ORAL ).

( 1 ) IN this application for a certificate of fitness for appeal to the Supreme Court from an order made on revision by this Court in proceedings under section 488, Criminal Procedure Code. , a preliminary objection has been raised that Article 134 (l) (c) of the Constitution is inapplicable because proceedings under section 488 are civil proceedings and not criminal proceedings. Reliance in support of this preliminary objection has been placed on a decision of the Supreme Court in Nand Lal Misra v. K. L. Misra, 1960 S. C. R. 4310. Emphasis has been laid on the observations in this judgment that Chapter XXXVI of the Code of Criminal Procedure is a self-contained one and the relief given under it is essentially of a civil nature. From this sentence, it is sought to be argued that the proceedings under section 488 are civil proceedings and not criminal proceedings. Reliance has also been placed on a still more recent judgment of the Supreme Court in Narayan Row v. Ishwar Lal in which while dealing with an appeal from an order made by the Bombay High Court under Article 226 of the Constitution, in a matter pertaining to recovery of income-tax, it was observe

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