[-1-] IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL W.P. NO.2431 OF 2008 Smt.Savita Harshavardhan Thakur ..Petitioner Vs. Starlite Lighting Ltd. and Ors. ..Respondents ... Mr.Prakash Naik advocate i/b Mr.Subhash Jadhav Adv.for petitioner Mr.A.S.Shitole A.P.P. for the State ... CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. DATE : NOVEMBER 18, 2008 DATE : NOVEMBER 18, 2008 DATE : NOVEMBER 18, 2008 P.C. P.C. P.C. 1. Heard the learned advocate for the petitioner-original accused no.3 and the learned A.P.P. for the State. 2. The petitioner is facing prosecution under section 138 of Negotiable Instruments Act in RCC No.1833 of 1999 which is pending before the learned Judicial Magistrate, F.C. Court No.2, Nasik. In the said case, process came to be issued under Section 138 of Negotiable Instruments Act. 3. The petitioner preferred an application for [-2-] discharge before the learned Magistrate contending that there is no evidence against her as contemplated under Section 141 of Negotiable Instruments Act. It is seen that application was preferred before the Magistrate after the plea was recorded and after the evidence came to be recorded. The learned Magistrate rejected the said application by order dated 1.7.2008 on various grounds including the ground that in view of the decision of the Supreme Court in the case of Adalat Adalat Adalat Prasad Vs. Rooplal Jindal, Prasad Vs. Rooplal Jindal, Prasad Vs. Rooplal Jindal, reported in 2004 All MR 2004 All MR 2004 All MR (Cri.) 3131:(2004) 7 SCC 338, (Cri.) 3131:(2004) 7 SCC 338, (Cri.) 3131:(2004) 7 SCC 338, the Magistrate had no power to consider the said application. In view of the decision of the Supreme Court in the case of Adalat Prasad (supra) Adalat Prasad (supra) Adalat Prasad (supra), no fault can be found with the order of the learned Magistrate dated 1.7.2008, hence, no interference is called for. Petition is disposed of. 4. The learned Magistrate to proceed with the trial without being influenced by observations made in this order. [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.]