[-1-] IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLN. NO.2230 OF 2001 Mr.Wamanrao S.Chatap ..Applicant Vs. State of Maharashtra & Anr. ...Respondents ... Mr.Aher Adv. for Mr.Subhash Jha Advocate i/b Law Global for Applicant Ms.A.A.Mane 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 15, 2008 DATE : OCTOBER 15, 2008 DATE : OCTOBER 15, 2008 P.C. P.C. P.C. 1. Heard the learned advocate for the applicant and the learned A.P.P. for the State. None appears for the respondent-original complainant though served. 2. The applicant is seeking quashing of process issued by the learned Addl. Chief Metropolitan Magistrate in C.C.No.2362/S/2000, 19th Court, Esplanade, Mumbai. In the said case process is issued under Section 138 of Negotiable Instruments Act. 3. For the reasons recorded in the order passed by this Court in the case of V.K.Jain Vs. P.V.Padode; V.K.Jain Vs. P.V.Padode; V.K.Jain Vs. P.V.Padode; [-2-] 2005(3) Mh.L.J.778, 2005(3) Mh.L.J.778, 2005(3) Mh.L.J.778, which has been upheld by the Hon’ble Apex Court I am of the opinion that the applicant has an efficacious remedy of preferring revision against the order of Magistrate issuing process. Hence, in my view, it would be appropriate that the applicant prefers a revision before the concerned Sessions Court against the order of the Magistrate issuing process. 4. Liberty is granted to the applicant to prefer the necessary revision before the concerned Sessions Court. The learned advocate for the applicant makes a statement that the necessary revision will be preferred within six weeks from today. In view of this statement, the trial Court shall not proceed with the trial for a period of six weeks. 5. On the necessary revision being preferred within six weeks by the applicant before the concerned Sessions Court, the concerned Sessions Court shall condone the delay and dispose of the matter on merits after hearing the necessary parties. 6. Application is disposed of. Rule discharged. [-3-] [SMT.V.K.TAHILRAMANI,J.] [SMT.V.K.TAHILRAMANI,J.] [SMT.V.K.TAHILRAMANI,J.]