1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.885 OF 2004 Vazir Kachrubhai Pathan .. Petitioner Versus Shivdas Laxman Ghode & Anr. .. Respondents Mr.P.N.Joshi for petitioner Mr.Ajay Patil for respondent No.1. CORAM : S.C.DHARMADHIKARI, J. DATE : 22nd September 2006. P.C. . Heard Mr.Joshi for petitioner and Mr.Patil for first respondent. 2. The revisional court was considering the grievances of the original accused in the criminal cases which have been filed under section 138 of N.I. Act by the petitioner original complainant against it to this effect 2 that the complaint does not disclose any offence under section 138 of N.I. Act. The basic ingredients are that the cheque must be forwarded, it must be received, deposited and thereafter dishonoured for reasons mentioned in section 138 of N.I. Act. It is only when all these ingredients are satisfied that an offence is made out. 3. On the last occasion I had called upon learned Counsel for petitioner to produce a copy of the complaint. 4. With the assistance of learned Advocates, I have perused the complaint and I find that beyond stating that there was some transaction and a cheque was forwarded, the complaint does not State so in any manner as to dishonour of the same upon presentation, leave alone the reasons for the same. 3 5. In such circumstances, conclusion of revisional court that no offence is made out and hence no process could have been issued, cannot be interfered with by me in my jurisdiction under Article 227 of the Constitution of India. 6. The Court below consistent with the materials placed, has rendered a finding which does not appear to be vitiated by any error apparent, leave alone perversity, warranting my interference. Petition, therefore, is dismissed. 7. However, nothing observed by the Revisional Court nor dismissal of this Court will preclude petitioner from initiating appropriate proceedings for recovery of the amount under the cheque and to establish and prove the claim in that behalf. 4 (S.C.Dharmadhikari, J)