1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CRIMINAL WRIT PETITION NO. 143/2011 Shrikant Bhagwandas Patel V/s. Mahendrakumar Badrinarayan Kedjiwal and another ------------------------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's Orders. ------------------------------------------------------------------------------------------------------------------------------- Mr. D. B. Yengal, APP for respondent-State. Coram: A.P. Bhangale, J Dated : 29th June 2011 1. None appeared for petitioner. 2. The applicant is seeking to challenge the order regarding issuance of process under Section 138 of Negotiable Instruments Act and perused a copy of complaint annexed at ‘Annexure – 1’ with the petition. 3. It appears that the complainant had claimed sum of Rs. 2,00,000/- advanced to the accused persons, in respect of which accused persons issued eight post dated cheques in favour of the complainant which were returned dishonoured. It appears that demand notice was also issued by the complainant on 04/08/2005, 2 by registered post A.D. It is case of the complainant that accused had issued a false notice dated 27/07/2005. Be that as it may, the prayer is for the action against accused for an offence punishable under Section 138 of Negotiable Instruments Act and averments in the complaint constitute ingredients of offence punishable under Section 138 of Negotiable Instruments Act, on prima facie view of the complaint. The impugned order appears legal in view of Section 204 of Cr.P.C., and no fault can be found with it. 4. Hence, this petition is dismissed. JUDGE Punde