1 (Cri.wp 1731 of 2010) IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.1731 OF 2010 WITH CRIMINAL WRIT PETITION NO.1732 OF 2010 WITH CRIMINAL WRIT PETITION NO.1733 OF 2010 WITH CRIMINAL WRIT PETITION NO.1734 OF 2010 Mr.Nagnath Gena Jagtap ...Petitioner Vs. Mr.Balasaheb Sonu Choudhary and Anr. ...Respondents ----- Ms.Vandana for Petitioner Ms.Amba Salekar for Respondent No.1 Smt.V.R. Bhosale -APP for the State ----- CORAM: V.M. KANADE J. DATED: 17TH SEPTEMBER, 2010 P.C. 1. Heard the learned Counsel appearing on behalf of the Petitioner. 2. The Petitioner is challenging the order passed by the Learned Magistrate issuing process in a complaint 2 (Cri.wp 1731 of 2010) filed under section 138 of the Negotiable Instruments Act. 3. It is submitted the demand notice has been issued by the Complainant to the wife of the drawer of the cheque and, therefore, there is a non-compliance of section 138 (b) of the Negotiable Instruments Act. 4. The learned Counsel for the Respondent No.1, on the other hand, submits that a notice was issued to the accused and a copy thereof was sent to the wife of the accused. It is contended by the Original Complainant that the notice issued to the Petitioner- Accused, was served on him. 5. This being a disputed question of fact, will have to be decided at the time of trial, therefore it is not possible to interfere with the impugned order of issuance of process. The writ petition is, accordingly, disposed of. (V.M. KANADE J.)