-1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.6945 OF 2005 Mr.Rachhpal Singh ..Applicant Vs. M/s.Ajanta Pharma Ltd. & Anrs. ..Respondents ... Mr.M.K.Kochrekar i/b Rajiv Sawant Advocate for Applicant Mr.B.H.Mehta 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 : OCTOBER 24, 2005 DATE : OCTOBER 24, 2005 DATE : OCTOBER 24, 2005 P.C. P.C. P.C. 1. Heard the learned advocate for the applicant and the learned A.P.P. for the State. 2. The applicant is seeking quashing of proceedings relating to Criminal Case No.4019/SS/2005 which is pending before the learned Addl.Chief Metropolitan Magistrate, 43rd Court at Borivali, Mumbai. In the said case, process has been issued against the applicant under Section 138 r.w. 141 of Negotiable Instruments Act. The -2- learned advocate for the applicant submitted that the learned Magistrate committed an error in issuing process and the said process deserves to be set aside. It is further submitted that if the process issued against the applicant is set aside, the proceedings in respect of the applicants, would come to an end. 3. For the reasons recorded in the decision of this Court in the case of V.K.Jain and others Vs. V.K.Jain and others Vs. V.K.Jain and others Vs. Pratap V. Padode reported in 2005(3) Mh.L.J.778, Pratap V. Padode reported in 2005(3) Mh.L.J.778, Pratap V. Padode reported in 2005(3) Mh.L.J.778, I am of the opinion that the applicant has an efficacious remedy of preferring revision against the order of Magistrate issuing process. Hence, in my view, it would be appropriate that the applicant prefers a revision before the concerned Sessions Court against the order of the Magistrate issuing process. 4. Liberty is granted to the applicant to prefer the necessary revision before the concerned Sessions Court. The learned advocate for the applicant makes a statement that the necessary revision will be preferred within five weeks from -3- today as the applicant is from Kolkata and there is Diwali vacation. In view of this statement, the trial Court shall not proceed with the trial for a period of five weeks. 5. On the necessary revision being preferred by the applicant before the concerned Sessions Court, the concerned Sessions Court shall dispose of the matter on merits after hearing the necessary parties. 6. Criminal Application is disposed of. [V.K.TAHILRAMANI,J.]