1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION srk WRIT PETITION NO. 517 OF 2009 WITH WRIT PETITION NO. 518 OF 2009 Dr. Ketan Rajpopat ..Petitioner. v/s. State of Maharashtra ..Respondent. Mr. S.V. Marwadi i/b Ms. Sunita Sharma for Petitioner. Ms. A.T. Javeri, A.P.P. for the Respondent no.1/State. Mr. M.V. Swar for the Respondent no.2. .... CORAM : J.H. BHATIA, J. DATE : 29TH JUNE, 2010. P.C. 1 Heard the learned counsel for the Parties in both the matters. After some discussion at the bar, with consent of the learned counsel for the parties, the process issued by the learned Metropolitan Magistrate, 28th Court, Esplanade, Mumbai under section 138 of the Negotiable Instruments Act in Criminal Case No.2810/SS/2008 and Criminal Case No.3858/SS/2008 is hereby quashed. 2 The learned Metropolitan Magistrate is directed to return the complaint to the complainant/respondent no.2 for 2 presentation before the Judicial Magistrate First Class, Kalyan, District Thane. The complaint shall be filed before the Judicial Magistrate First Class, Kalyan, within two weeks from the date when the complaint is returned to the complainant. The Petitioner/accused shall not raise any question of limitation before the Judicial Magistrate First Class, Kalyan. The Judicial Magistrate First Class, Kalyan on presentation of the complaint shall follow the procedure laid down under section 200 of the Criminal Procedure Code for verification of the complaint and then proceed as per law. 3 Therefore, both the Writ Petitions are accordingly disposed of. [ J.H. BHATIA, J. ]