mst FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.192 OF 2009 IN CRIMINAL WRIT PETITION NO.214 OF 2009 M/s.Manoj Garments Mft.Exports Applicant versus State of Maharashtra & anr. Respondents Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders Court’s or Judge’s orders M.S.Patankar for applicant. Ms.A.T.Javeri, APP for State. CORAM : A.S.OKA, J. DATE : 13th July 2009 PC :- 1. A case for restoration of the main writ petition is made out. The writ petition is restored. Criminal Application is disposed of. (A.S.OKA, J.) mst IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.214 OF 2009 M/s.Manoj Garments Mft.Exports Petitioner versus State of Maharashtra & anr. Respondents M.S.Patankar for petitioner. Miss A.T.Javeri, APP for State. CORAM : A.S.OKA, J. DATE : 13th July 2009 PC : 1. Heard advocate for the petitioner. The petitioner is the complainant in a private complaint. An application was made by the petitioner- complainant for issuing warrant to first accused. The said application has been disposed of by the impunged order by the learned Judge by directing that the summons be issued to the accused no.1 as per the Rules. The learned Judge observed in the impugned order that there is no document on record showing that the first accused has deliberately refused to accept the summons. He, therefore, came to the conclusion that the warrant cannot be issued at that stage. 2. The learned counsel for the petitioner relied upon sub section 1 of section 144 of the Negotiable Instruments Act, 1881 by contending that the summons has been issued by courier. However, there is nothing on record to show that the summons was served by a courier as approved by the Sessions Court. 3. In any case, there is no reason to interfere with the discretionary order passed by the learned Magistrate. The impugned order will not prevent the petitioner from making a fresh application for issuing warrant to the concerned accused and if a case is made out by the petitioner for issuing warrant, the learned Judge will issue warrant to the accused no.1. Subject to what is observed above, the writ petition is disposed of. (A.S.OKA, J.)