:1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 1803 OF 2008 Showman International ..Petitioner Vs. The State of Maharashtra and anr. ..Respondents Mr. Prasad Das i/by Goenka Law Associates for petitioner. Ms. A.A. Mane, APP for State. Ms. Shweta Shelke i/by Dahibawkar & Co. for respondent no.2. CORAM: SMT.V.K. TAHILRAMANI,J. CORAM: SMT.V.K. TAHILRAMANI,J. CORAM: SMT.V.K. TAHILRAMANI,J. Date : November 12, 2008. Date : November 12, 2008. Date : November 12, 2008. P.C.: P.C.: P.C.: 1. Heard the learned Advocate for the petitioner, the learned APP for the State and the learned Advocate for the respondent no.2. 2. The petitioner is seeking quashing of process issued by the learned Metropolitan Magistrate, 44th Court, Andheri by order dated 7/2/2008 in Case No. 4400158/SS/2008. In the said case process has been issued against the petitioner under Section 138 of :2: N.I. Act. 3. For the reasons recorded in the order passed by this Court in the case of V.K. Jain Vs. P.V. Padode [2005 (3) Mh.L.J. 778], which has been upheld by the Hon’ble Apex Court, I am of the opinion that the petitioner has an efficacious remedy of preferring revision application against the order of Magistrate issuing process. Hence, in my view, it would be appropriate that the petitioner prefers a revision before the concerned Sessions Court against the order of the Magistrate issuing process. 4. Liberty is granted to the petitioner to prefer the necessary revision before the concerned Sessions Court. The learned Advocate for the petitioner makes a statement that the necessary revision will be preferred within four weeks from today. In view of this statement, the trial court shall not proceed with the trial for a period of four weeks. 5. If the revision is preferred within four weeks, delay, if any, in preferring the revision be :3: condoned. On the necessary revision being preferred by the petitioner before the concerned Sessions Court, the concerned Sessions Court shall dispose of the matter on merits after hearing the necessary parties. 6. Criminal Writ Petition is disposed of accordingly. (Smt.V.K. Tahilramani,J.) (Smt.V.K. Tahilramani,J.) (Smt.V.K. Tahilramani,J.)