1 73 wp.915.10 ndm FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 915 OF 2010 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders Court’s or Judge’s orders Mr. Mahesh Joshi i/b M/s. O.P. Soni and Company for the Petitioner. Mr. H.J.Dedhia, APP for Respondent No.1/ State. Mr. V.B.Pandey for Respondent No.2. CORAM : A.S.OKA, J. DATE : 14 th October, 2011. P.C. . Heard the learned counsel appearing for the Petitioner. The Petitioner has been arraigned as an Accused No.2 in a private complaint filed by Respondent No.2 alleging commission of offence under Section 138 read with Section 141 of the Negotiable Instruments Act, 1881. An application was made by the Petitioner for discharge. The said application was rejected by the learned Magistrate. The revision application preferred against the said order has been dismissed by the Sessions Court. 2 The contention of the learned counsel appearing 2 73 wp.915.10 for the Petitioner is that on the date of the filing of the complaint, the name of Respondent No.2 – Company was already changed. He relied upon the fresh certificate of incorporation annexed to the petition. 3 It is not in dispute that recording of the evidence on the complaint has already commenced. The petition challenges the orders passed on the application for discharge, which was not maintainable. 4 The effect of change of the name of Respondent No.2 allegedly made prior to the institution of the complaint will have to be considered by the learned Magistrate at the time of final hearing and all contentions in that behalf are kept open. 5 Subject to what is observed above, no case for interference is made out. Writ petition is rejected. [ A.S.OKA, J ]