FARAD FARAD FARAD CONTINUATION SHEET No. CONTINUATION SHEET No. CONTINUATION SHEET No. IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE APPELLATE APPELLATE SIDE. SIDE. SIDE. CRIMINAL WRIT PETILTION NO. 2078 OF 2004. Durga Hotel and Resorts P.Ltd. .. Petitioners. vs. Mehta Trading Co. & ors. .. Respondents. ------------------------------------------------------------- Office Notes,Office : Memoranda of Coram, : Court’s or Judge’s orders appearnaces,Courts’s : orders or directions : and Registrar’s orders. : ------------------------------------------------------------ Shri Sachin V. Dhakephalkar for the petitioners. Shri A.S. Shitole, A.P.P.for the State. CORAM: CORAM: CORAM: V.M.KANADE,J. V.M.KANADE,J. V.M.KANADE,J. DATED: DATED: DATED: 28-2-2005. 28-2-2005. 28-2-2005. P.C.: P.C.: P.C.: 1. Heard learned Counsel appearing for the petitioners. 2. This is an application for quashing issuance of process in a complaint filed under section 138 of the Negotiable Instruments Act. It is submitted that no case is made out from the averments made in the complaint. It is further submitted that respondent No.1 has not established as to who is the authorised signatiory of the alleged cheque. It is further submitted that it is not established from the complaint that the petitioners had given the alleged cheque to respondent No.1. I am unable to accept any of the submissions made by the learned Counsel for the petitioners. All these matters can be considered only after evidence is led by the complainant. Therefore, no reason to interfere with the order of issuance of of process. Writ Petition is rejected. 3. The trial Court is directed to decide the criminal case as expeditiously as possible and in any event, within a period of 6 months. Copy of this order be sent to the learned Magistrate. 4. Parties to act on authenticated copy of this order. -------