1 wp3421­10 jpc/­ IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 3421 OF 2010 Sachin Jayantilal Jain .. Petitioner Versus The State of Maharashtra and others .. Respondents Mr.Prashant G. Sawant Mr. J. P. Kharge, APP for the Respondent­State CORAM : N. D. DESHPANDE, J. DATE : 3rd February, 2011 P.C.: 1. Heard Mr. Sawant, learned counsel for the petitioner and Mr. Kharge, APP for the State. 2. This petition is arising out of the order of interim maintenance dated 25.1.2010 passed by the Judicial Magistrate, First Class, Bhiwandi in MA No. 154 of 2006 which is under challenge before the Sessions Court. An interim order is passed by the Sessions Court directing to the petitioner to pay Rs.5,000/­ every month by 10th of each month in Revision. According to the petitioner he is complying with the said order. Proceedings are still pending before the Sessions Court. 3. There is complaint by the respondent­complainant that the accused­petitioner made default in payment of Rs.5000/­ every 2 wp3421­10 month before 10 th of each month and therefore moved the trial court for recovery. According to the petitioner, there are no defaults and no amount is due from him. These are purely questions of facts. In writ petition under Article 226 of the constitution, this Court does not decide the disputed question of fact. Matter is now pending before the Sessions Court and the Sessions Court shall hear the grievances of the petitioner. In case the amount is found due against the petitioner, the Sessions Court shall proceed with matter on that point and decide the issue in accordance with law. 4. The petitioner shall be at liberty to make appropriate application stating his grievance before the Sessions Court and raise all such grounds which have been raised in this petition. 5. The Petition is accordingly disposed of the stage of admission. ( N. D. DESHPANDE, J. )