1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO.139 OF 2010 Office Notes,Office Memoranda of Coram,appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Coram: P.R. Borkar, J. Date : February 17, 2010 1. Heard Shri C.R.Deshpande, learned Advocate for the petitioner. 2. Petitioner is aggrieved by the order passed by the learned J.M.F.C. Dhule, on 3.7.2009 on application Exh. 42 in STCC No.5281 of 2005, rejecting the said application for issuance of summons for verifying whether Sandip Baviskar, who was permanently working in Yogeshwar Pat Sanstha, was also working simultaneously in Late Taisaheb Sunanda Gopalrao Kele Mahila Pata Sanstha and whether for working in such 2 another Pata Sanstha, he had obtained necessary permission. 3. Original complaint was under Section 138 of the Negotiable Instruments Act. The question is whether the society, on whose behalf the complaint was filed, had authorised Sandip Baviskar to lodge the complaint and, therefore, whether his appointment was legal or otherwise, was a question totally irrelevant for the purpose of decision of the complaint before the Magistrate. Therefore, the said application Exh.42 was properly rejected by the learned Magistrate. 4. Hence, this petition is dismissed in limini. It is, however, made clear that the qeustion whether Sandip 3 Baviskar was authorised by concerned society to lodge complaint, is kept open for consideration by the learned Magistrate. Date:17/02/2010 (P.R.BORKAR, J.) pnd/ criwp139.10