[-1-] IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL W.P.NO.1889 OF 2008 Sri.Rameshchandra Dalal ..Petitioner Vs. State of Maharashtra & Anr. ..Respondents ... Mr.Nitin Sejpal & Ms.Pooja Bhojne advocate for Petitioner Mr.S.R.Shinde 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 13, 2008 DATE : OCTOBER 13, 2008 DATE : OCTOBER 13, 2008 P.C. P.C. P.C. 1. Heard the learned advocate for the petitioner and the learned A.P.P. for the State. 2. The petitioner has challenged the order dated 16.4.2008 passed by the learned Metropolitan Magistrate 14th Court, Girgaum, Mumbai in CC No.500/SS/2006. In the said case, the petitioner was facing prosecution under Section 138 of Negotiable Instruments Act. The petitioner preferred application under Section 145(2) of Negotiable Instruments Act for summoning and examining the complainant so that her examination in chief could be recorded with regard to the facts [-2-] stated by her in her affidavit-evidence. The said application came to be rejected by the impugned order. 3. It is seen that thereafter the complainant came to be discharged in the said case by order dated 27.8.2008. The said order has been challenged by preferring revision i.e. Revision Application No. 1049 of 2008 before the concerned Sessions Court. In this view of the matter, petitioner is allowed to withdraw this petition with liberty to file a revision before the concerned Sessions Court against the impugned order dated 16.4.2008 passed by the learned Metropolitan Magistrate, 14th Court, Girgaum, Mumbai. Mr.Sejpal, the learned advocate for the petitioner states that revision will be filed within two weeks from today. On such revision being preferred, it would be appropriate that both the revisions shall be heard together. 4. All contentions of both sides are left open. 5. Petition is allowed to be withdrawn and is disposed of with the aforesaid liberty. [-3-] [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.]