..(1).. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.2156 OF 2008 Mr.Rohit Mehta. ..Petitioner. Versus M/s.Forties Finance Services Ltd., & Anr. ..Respondents. .... Mr.Niranjan Mundargi, Adv. i/b. M/s.Joseph & Associates for the petitioner. Mr.Y.M.Nakhwa, APP, for the State. .... CORAM : SMT.V.K.TAHILRAMANI,J. CORAM : SMT.V.K.TAHILRAMANI,J. CORAM : SMT.V.K.TAHILRAMANI,J. DATED : 5th December, 2008. DATED : 5th December, 2008. DATED : 5th December, 2008. P.C.: 1. Heard the learned Advocate for the petitioner and the learned A.P.P. for the State. None appears for the respondent No.1-orig.complainant though served. 2. The petitioner is seeking quashing of process issued by the learned Metropolitan Magistrate, 23rd Court, Esplanade, Mumbai in C.C. No.4364/S/2002. In the said case process has been issued against the petitioners under Section 138 read with 141 of Negotiable Instruments Act. 3. For the reasons recorded in the order passed by this Court in the case of V.K.Jain Vs. P.V.Padode; V.K.Jain Vs. P.V.Padode; V.K.Jain Vs. P.V.Padode; 2005(3) Mh.L.J.778, 2005(3) Mh.L.J.778, 2005(3) Mh.L.J.778, which has been upheld by the Hon’ble Apex Court I am of the opinion that the ..(2).. 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. 5. If the revision is preferred within five weeks, delay, if any, in preferring the revision be condoned. 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. Criminal Writ Petition is disposed of accordingly. ..(3).. [SMT.V.K.TAHILRAMANI,J.]