1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1197 OF 2010 ALONGWITH CRIMINAL APPLICATION NO.1198 OF 2010 Mrs. Susheela Nambiar & Ors. .... Applicants. V/s The State of Maharashtra & Anr. .... Respondents. Mr. A.V. Singh i/b Abad H.H. Ponda for the applicants. Mr. Yashpal Thakur i/b Paras Kuhad & Associates for Respondent No.2. Mr. J.P. Kharge, APP for the State. CORAM: V. M. KANADE, J. DATE : 17TH JUNE, 2010 P.C.:- 1. By these applications, the applicants are challenging the order of issuance of process passed by the learned Magistrate on the complaint filed by Respondent No.2 under section 138 of the Negotiable Instruments Act. 2. These applications have been filed on two grounds. Firstly, it is urged that the learned Magistrate before issuing the process did not make any inquiry as contemplated under section 202 sub-clause (1) of the Cr.P.C. The learned Counsel appearing on behalf of the applicants submitted 2 that he is not pressing the said ground since it is now urged by the learned Counsel for respondent No.2 – complainant that, in fact, applicants are residing within the jurisdiction of the Metropolitan Magistrate’s Court. The second ground which is urged by the learned Counsel for the applicants is that the verification which is recorded by the learned Magistrate is not in accordance with the ratio of the judgment laid down by this Court in Amarnath Baijnath Gupta & Anr. vs. M/s Mohini Organics Pvt. Ltd. & Anr.1 The learned Counsel for Respondent No.2 – complainant submitted that he has no objection if the said verification which is recorded by the learned Magistrate is set aside and the matter is remanded back for the purpose of enabling the Magistrate to record proper verification in accordance with the ratio laid down by the aforesaid judgment on which the reliance is placed by the learned Counsel for the applicants. 3. In the result, both the applications are allowed. The verification recorded by the learned Magistrate in both these complaints is set aside. The order of issuance of process based on the said verification is quashed and set aside. The learned Magistrate shall record the verification of the complainant afresh as per law laid down by this Court in various cases and thereafter apply his mind and pass an appropriate order in accordance with law and on merits. The learned Magistrate is directed to complete this process within a period of four weeks. Both the parties shall appear before the learned Magistrate on 19th June, 2010 and 1 2009 ALL MR (Cri) 184 3 produce a copy of this order before the Magistrate. 4. Both these applications are allowed in the aforesaid terms and disposed of. (V.M. KANADE, J.)