1 Criminal Application No.3177/2010 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.3177 OF 2010 Ramesh s/o Gulab Mali ... APPLICANT VERSUS Raosaheb Patwardhan Nagri Co-op. Society, Ahmednagar ... RESPONDENT ..... Shri V.P. Latange, Advocate for the applicant Shri R.R. Karpe, Advocate for respondent ..... CORAM : K.U. CHANDIWAL, J. DATE : 14th February, 2011 PER COURT : 1. Heard both the learned counsel. 2. The applicant/ original accused seeks to challenge legality and validity of the order below Exh.1, dated 4.10.2010, recorded by learned Judicial Magistrate, First Class, Rahuri, whereby process was issued against the applicant/ accused under section 138 of the Negotiable Instruments Act. 3. Considering the pronouncements on the aspect from the Full Bench in the matter of Rajesh Bhalchandra Chalke Vs. State of Maharashtra & Anr. [2011 ALL MR (Cri.) 64], the declaration in the 2 Criminal Application No.3177/2010 matter of Maharaja Developers and Anr. Vs. Udaysingh Pratapsinghrao Bhosle and Anr. (2007 CRI.L.J. 2207) would not be surfacing as it is quashed and set aside by the Full Bench. 4. The reliance to the judgment of Maharaja Developers (supra) could not have been placed. Likewise, the judgment of Adalat Prasad Vs. Rooplal Jindal and others (AIR 2004 SC 4674) is erroneously applied to the facts of the case. The impression that has been generated by the learned Judicial Magistrate, First Class, Rahuri that the accused/ applicant desires to protract the proceedings is prima facie not correct. However, the learned Judge shall not be influenced by the same. The matter is remitted to the learned Judge to proceed from the stage of verification and thereafter, after hearing both the sides at the proper places. Application allowed to the extent as above. Considering the nature and the controversy and as the matter is dragged that too for an offence under Section 138 of the Negotiable Instruments Act, after appearance of the parties, the learned Judge shall adhere the statutory disposal of six months under the provisions of Negotiable Instruments Act. K.U. CHANDIWAL JUDGE fmp/cri3177.10