1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION No.1003 of 2009 (Mahavir s/o Motilal Jain Vs. State) -------------------------------------------------- Office notes, office Memoranda of Court’s or Coram,appearances, Court’s orders Judge’s or directions and Registrar’s orders Orders Mr. M.S.Deshmukh, Adv., for the applicant. Mr. R.N.Dhorde, Adv., h/f Mr. N.K.Choudhary, Adv., for respondent no.2. Mr. D.R.Korde, APP, for respondent no.1. ... CORAM: K.U.CHANDIWAL, J. DATE:10/9/2009 ... P.C.: 1. Heard both the Counsel extensively. 2. The applicant seeks to quash FIR No.0020/2009 dt. 11.2.2009, registered at Chalisgaon Police Station for the offense under Section 406 and 420 of IPC pursuant to order dt.7th Feb.,2009, by the learned Judicial Magistrate, First Class, Chalisgaon, directing investigation in terms of Section 156(3) of Cr.P.C. 3. It is apparent the learned 2 Magistrate has not yet taken cognizance. The exercise of seeking quashment is premature. 4. The contention that the cheque is the root cause in the issue for which proceedings under Section 138 of Negotiable Instruments Act are taken by the complainant and again he has proceeded by way of complaint to the learned Judicial Magistrate, First Class, under Section 420, 406 of IPC, can be taken care by the learned Judge seized with the matter. It is apparent, Police will not take coercive action based on the FIR till the learned Judge takes cognizance. Criminal Application No.1003/2009 disposed of with above directions. Investigation is not stalled. (K.U.CHANDIWAL) JUDGE ... agp/1003-09crapl ...