1 SNS IN THE HIGH COURT OF JUDICATURE AT MUMBAI APPELLATE CRIMINAL JURISDICTION CRIMINAL WRIT PETITION NO.1233 OF 2010 Smt. Jyoti P. Ghadhave ...Petitioner. v/s. Shri Subhash P. Kale and Anr. ...Respondents. Mr. P.B.Deo ,adv. For the Petitioner. Mr. Kusumakar Kaushik, adv. For the Respondent No.1. Shri P.S.Hingorani, APP for the R.No.2/State. CORAM : J.H. BHATIA, J. DATED : MARCH 17, 2011. P.C. 1 Rule. Rule made returnable forthwith. 2 Heard. The complaint under Section 138 of the Negotiable Instruments Act was filed by the State Bank of Hyderabad through its branch manager Achyut Kumar Patil and process was issued. Pending the complaint, the advocate for the complainant made an application that A.K.Patil was transferred and, therefore, complaint may be allowed to be proceeded by his successor Subhash D. Kale. That application was opposed by the accused but was granted. Infact if any amendment was to be made in the title of the complaint and name of the original manager Achyut Kumar Patil was to be substituted by the name of his successor 2 Mr. Subhash D. Kale, an appropriate application should have been filed by the complainant and on that application, an order could be passed after hearing the parties. In the present case, no such application was filed by the complainant. The application was signed by the advocate alone, which was not proper. 3 In view of this, the impugned order is hereby set aside. However, the complainant bank shall have liberty to move appropriate application for making amendment in the title of the complainant for substituting successor of the original branch manager. Rule made absolute accordingly. (J.H. BHATIA,J.)