APPLN.4111-10 - 1 - VPH IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION No. 4111 OF 2010 Mr. Behram S. Doctor ...Applicant Vs. The State of Maharashtra & Anr. ...Respondents *** Mr. Rajendra Rathod/Afsha Narpali, for the Applicant. Mrs. M. R. Tidake, APP for the Respondent-State. *** CORAM: V. M. KANADE J. DATE : OCTOBER 6, 2010 P.C. 1. This is an application filed by the applicants, challenging the order of issuance of process passed by the learned Magistrate dated 9-7-2002 on a complaint filed by respondent No.2 under S. 138 of the Negotiable Instruments Act. 2. It is submitted that plea has not been recorded so far. It is submitted that though the complaint was filed in 2002 he has challenged the said order in 2010 since has been attending the Court regularly and now it is not possible for him to attend the Court since his age is 70 years APPLN.4111-10 - 2 - and has various ailments. He is challenging the said order on various other grounds. In my view, it will not be possible to entertain the application for quashing the impugned order, particularly because the complaint is of the year 2002. However, the applicant is exempted from appearing in the trial Court. His plea may be recorded through advocate. His statement under S. 313 Cr. P. C. may be recorded as per the provisions of S. 313(5) Cr.P.C. He shall however give an undertaking to the trial Court that he will not dispute the identity and correctness of the answers recorded under S. 313 Cr.P.C. 3. I am informed that the matter is pending since the complainant has failed to take steps to serve the other accused. The learned Magistrate may proceed to pass appropriate orders if other responders are not served within a period of 3 months from today, and if appropriate steps are not taken by the complainant. The application is accordingly disposed of in the aforesaid terms. [ V. M. KANADE J.]