1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO. 1134 OF 2009 Pandit Sandu Nagare, Age 30 yrs., Occu. Business, R/o. Phulambri, Tal. Phulambri, Dist. Aurangabad. ....Petitioner. Versus Ankush Kisan Borkar, Age 48 yrs., Occu. Labur Contractor, R/o. Malachiwada, Tq. Ambad, Dist. Jalna. ....Respondent. Shri. Sachin Deshmukh, Advocate for the petitioner. Shri. D.K. Kulkarni, Advocate for the respondent. CORAM : P.R. BORKAR, J. DATE : 22nd February, 2010 ORAL JUDGMENT : 1. Heard Shri. Sachin Deshmukh, advocate for the petitioner and Shri. D.K. Kulkarni, advocate for the respondent sole. 2. Rule. Rule made returnable forthwith. With the consent of parties, matter is heard finally. 3. It is the case of the petitioner as disclosed in para 2 of the petition that at the request of respondent, he had stood surety for the respondent in the sugar cane cutting agreement between the respondent and Pravara Sahakari Sakhar Karkhana Ltd. Pravaranagar. The respondent 2 failed to perform his part of contract and therefore, the factory deducted the amount of Rs. 44,291/- from the account of the petitioner. Thereafter, the respondent issued cheque of Rs. 44,291/- in favour of petitioner. But the said cheque, when presented for encashment, was dishonoured. Thereafter, notice was issued. But in spite of that the amount was not paid and therefore, the petitioner filed complaint against the respondent for committing the offence punishable under section 138 of the Negotiable Instruments Act. 4. In the said criminal case bearing S.C.C. No. 318/2008 in the Court of 4th Judicial Magistrate, First Class, Aurangabad, application Exh. 37 was given, but same came to be rejected and therefore, this petition. 5. It is explained by the learned advocate of the petitioner that he intended to examine concern officer of Pravara Us and Vahatuk Majur Sanstha Pvt. Ltd. for showing that an amount of Rs. 44,291/- were deducted by it from the account of present petitioner. After perusal of said Exh. "B" and order thereon, it is clear that the application was not properly prepared nor the full description of relevant documents were given. It is not explained any summons was sought to Pravara Us and Vahatuk Majur Sanstha Pvt. Ltd. if deduction is by the sugar factory. 6. So the petitioner is given liberty to file fresh application before Judicial Magistrate, First Class, Phulambri for issuing winess summons 3 to bring the relevant documents, giving date on which amount of Rs. 44,291/- was deducted from the account of the petitioner. After such application is tendered within a period of three weeks from today, the learned Magistrate shall hear the advocate of the respondent on such application and then shall decide the application according to law. With the above said liberty this petition is disposed of. Sending of writ in this petition be expedited, which should reach to the concerned Court withing two weeks from today. Rule made absolute accordingly. [ P.R. BORKAR, J. ] ssc/criwp1134.09