IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 2639 OF 2004 CRIMINAL WRIT PETITION NO. 2639 OF 2004 CRIMINAL WRIT PETITION NO. 2639 OF 2004 Mrs.Vatsala R. Pillai & Ors. ...Petitioner V/s. Mr.Ramdhani Ishwarprasad Yadav & Anr. ...Respondents Shri Jagdish G. Aradwad (Reddy) for Petitioner. Mr.A.V. Pawaskar alongwith A.S. Khandeparkar for Respondent No.1. Mrs.M.M. Deshmukh, APP for State. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. DATED : AUGUST 2, 2006 DATED : AUGUST 2, 2006 DATED : AUGUST 2, 2006 P.C. :- P.C. :- P.C. :- . Heard learned Counsel for the petitioner and learned Counsel for the respondents. 2. The petitioner is challenging the order of issuance of process which was passed by the J.M.F.C. Kalyan and which order has been confirmed by the Sessions Judge, Kalyan in Criminal Revision Application No.112/2003. 3. It is submitted that the dispute between the parties is essentially of civil nature. It is submitted that there was dispute between the complaint and the - 2 - petitioner. It is submitted that the alleged repair work was carried out by the members of the Managing Committee after the resolution was passed in the meeting. 4. Learned Counsel appearing on behalf of the respondent, on the other and, submitted that the petitioner has alternate remedy approaching the trial court and before exhausting the said remedy, he has approached this Court for quashing the process which was issued by the Magistrate. 5. Without examining the merits of the submission made by the learned Counsel for the petitioner, since it is open for the petitioner to apply to the trial Court for discharge, reserving the said right of the petitioner, the present petition is dismissed. (V.M. Kanade, J.) (V.M. Kanade, J.) (V.M. Kanade, J.)