1 (crim appln 3700 of 2010) IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 3700 OF 2010 AND CRIMINAL APPLICATION NO.3701 OF 2010 AND CRIMINAL APPLICATION NO. 3702 OF 2010 AND CRIMINAL APPLICATION NO.3703 OF 2010 Vodafone Essar Limited ...Applicants Vs. Krishna Pet Private Limited & Ors. ...Respondents ----- Mr.R.S. Tripathi i/b. J.R. Vakil and Associates for Applicants Ms.Riddhi Shah for Respondent Nos.1 to 4 Mr.A.S.Shitole -APP for the State ----- CORAM: V.M. KANADE J. DATED: 24TH SEPTEMBER, 2010 P.C. 1. Heard the learned Counsel appearing on behalf of the Applicants, Respondent Nos.1 to 4 and the learned APP for the State. 2. The Applicants are challenging the order passed by the Learned Magistrate dated 16.6.2010. By the said order, the Learned Magistrate was pleased to discharge the other accused. 3. Grievance of the Applicants is that after the 2 (crim appln 3700 of 2010) process was issued by the Learned Magistrate on 20.2.2009 thereafter, the said order could not have been reviewed or recalled subsequently passed by the Learned Magistrate. The learned Counsel for the Applicants has relied on a judgment of Adalat Prasad Vs. Roopal Jindal & Ors. [(2004) 7 SCC 338]. 4. The learned Counsel for the Respondent Nos.1 to 4 submitted that by the earlier order process was issued only under section 138 of the Negotiable Instruments Act and not under section 141 and, therefore, the said position was clarified by the Learned Magistrate on 16.6.2010. 5. The submission made by the learned counsel for the Respondent Nos.1 to 4 cannot be accepted. It is a well settled position in law that the order passed by the Magistrate cannot be reviewed or recalled as laid down by the Supreme Court in the case of Adalat Prasad (supra). Hence, the impugned order dated 16.6.2010 is 3 (crim appln 3700 of 2010) quashed and set aside. Application is allowed and disposed of. 6. The Learned Magistrate shall decide the criminal case as expeditiously as possible. (V.M. KANADE J.)