[-1-] IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.1649 OF 2007 Shri.Niranjan Shah ..Petitioner Vs. M/s.Daman Polymers & Anr. ..Respondents ... Ms.Gunjan Shah i/b Mr.S.A.Sawant Advocate for Petitioner Mr.A.T.Jhaveri 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 : JANUARY 17, 2008 DATE : JANUARY 17, 2008 DATE : JANUARY 17, 2008 P.C. P.C. P.C. 1. Heard the learned advocate for the petitioner and the learned A.P.P. for the State. 2. The petitioner is seeking quashing of proceedings relating to Criminal Complaint No. SCC/3/2006 which is pending before the Chief Judicial Magistrate, Daman. In the said case, the process has been issued against the petitioner under Section 138 of Negotiable Instruments Act. The learned advocate for the petitioner submitted that the learned Magistrate committed an error in [-2-] issuing process and the said process deserves to be set aside. If the process issued against the petitioner is set aside, the proceedings in respect of the petitioner, would come to an end. 3. However, for the reasons recorded in the order passed by this Court in the case of V.K.Jain Vs. V.K.Jain Vs. V.K.Jain Vs. P.V.Padode; 2005(3) Mh.L.J.778, P.V.Padode; 2005(3) Mh.L.J.778, 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 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 five weeks from today. In view of this statement, the trial Court shall not proceed with the trial for a period of five weeks. While computing the period of delay, [-3-] the period from the filing of the present petition in this Court till its disposal be excluded in the interest of justice. 5. 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. Writ Petition is disposed of. [SMT.V.K.TAHILRAMANI,J.]