IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION. CRIMINAL WRIT PETITION NO.319 OF 2008 TO CRIMINAL WRIT PETITION NO.322 OF 2008 ----------------------------------------------------------------- Office notes, office memoranda of Coram, appearances, Court’s Court’s or Judge’s orders. orders or directions and Registrar’s orders. ----------------------------------------------------------------- Mr.M.K.Kocharekar for the Petitioner. Mr.J.P.Yagnik, A.P.P for the State. Mr.S.V.Marvadi for the respondent No.2. CORAM CORAM CORAM : A.S.OKA, J. : A.S.OKA, J. : A.S.OKA, J. DATE DATE DATE : 18th July 2008. : 18th July 2008. : 18th July 2008. P.C.: . I have heard submissions of the learned counsel for the petitioners and the 2nd respondent. The 2nd respondent filed separate complaints against the petitioners in these petitions under section 138 of the N.I.Act, 1881. The learned Magistrate issued process on said complaints. The petitioner challenged the order issuing process by filing revision applications before the Sessions Court. The revision applications have been partly allowed. The learned Sessions Judge found that the learned Magistrate had not followed the mandatory procedure which was required to be followed before passing an order issuing process. Therefore, by the impugned judgment and orders, the learned Additional Sessions Judge has set aside the orders passed by the learned Magistrate of issuing : 2 : process. The Additional Sessions Judge directed the Magistrate to proceed with the complaints from the stage of verification. The learned Magistrate was also directed to take steps as provided under amended section 200 of the Code of Criminal Procedure, 1973. 2. I find that there is no scope for interference with the impugned judgments and orders. After following the procedure as directed by the learned Additional Sessions Judge, the learned Magistrate will have to apply his mind and pass appropriate order on the complaint. No case for interference is made out. Petitions are rejected. It is made clear that all contentions of the petitioners in the pending complaint are expressly kept open. (A.S.OKA,J)