1 IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE APPELLATE APPELLATE CRIMINAL JURISDICTION CRIMINAL JURISDICTION CRIMINAL JURISDICTION CRIMINAL CRIMINAL CRIMINAL WRIT WRIT WRIT PETITION NO. 2383 OF 2006 PETITION NO. 2383 OF 2006 PETITION NO. 2383 OF 2006 M/s M/s M/s Thinking Thinking Thinking Machines Pvt. Ltd.. Petitioners Machines Pvt. Ltd.. Petitioners Machines Pvt. Ltd.. Petitioners & ors ors ors vs vs vs M/s M/s M/s Electronical Electronical Electronical Leasing & Finance Ltd Leasing & Finance Ltd Leasing & Finance Ltd ..Respondents ..Respondents ..Respondents Mr.H.E.Palwe Mr.H.E.Palwe Mr.H.E.Palwe for for for Petitioner Petitioner Petitioners Mr.Girish Mr.Girish Mr.Girish Agarwal Agarwal Agarwal for Respondent no.1 for Respondent no.1 for Respondent no.1 Mr.Y.M.Nakhawa Mr.Y.M.Nakhawa Mr.Y.M.Nakhawa APP for State APP for State APP for State CORAM CORAM CORAM : : : B.H.MARLAPALLE, J B.H.MARLAPALLE, J B.H.MARLAPALLE, J DATED DATED DATED : : : 11th July, 2007 11th July, 2007 11th July, 2007 P.C. P.C. P.C. 1.1.1. Heard learned counsel for the respective Heard learned counsel for the respective Heard learned counsel for the respective parties parties parties and learned A.P.P. appearing for and learned A.P.P. appearing for and learned A.P.P. appearing for respondent respondent respondent no.2. The respondent no.1 initiated no.2. The respondent no.1 initiated no.2. The respondent no.1 initiated criminal criminal criminal case No.7089 of 2002 before the learned case No.7089 of 2002 before the learned case No.7089 of 2002 before the learned Judicial Judicial Judicial Magistrate, First Class at Nasik for Magistrate, First Class at Nasik for Magistrate, First Class at Nasik for offences offences offences punishable under section 138 read with punishable under section 138 read with punishable under section 138 read with section section section 144 of the Negotiable Instrument Act, 1881 144 of the Negotiable Instrument Act, 1881 144 of the Negotiable Instrument Act, 1881 as as as well as under section 420, 120 B read with well as under section 420, 120 B read with well as under section 420, 120 B read with section section section 34 IPC. On verification, the learned 34 IPC. On verification, the learned 34 IPC. On verification, the learned Magistrate Magistrate Magistrate issued process as per his order dated issued process as per his order dated issued process as per his order dated 29th 29th 29th September, 2006 against accused persons but September, 2006 against accused persons but September, 2006 against accused persons but did did did not specify whether the process was issued for not specify whether the process was issued for not specify whether the process was issued for all all all the offences or any of them or it was a the offences or any of them or it was a the offences or any of them or it was a composite composite composite process order. process order. process order. 2.2.2. The accused nos. 2 and 3 therefore filed The accused nos. 2 and 3 therefore filed The accused nos. 2 and 3 therefore filed application application application before the learned Magistrate and before the learned Magistrate and before the learned Magistrate and 2 prayed prayed prayed for for for their discharge from the case. The said their discharge from the case. The said their discharge from the case. The said application application application has been allowed partly and held that has been allowed partly and held that has been allowed partly and held that the the the plea recorded shall be treated for the offence plea recorded shall be treated for the offence plea recorded shall be treated for the offence punishable punishable punishable under section 138 of the Negotiable under section 138 of the Negotiable under section 138 of the Negotiable Instruments Instruments Instruments Act. This relief granted to the Act. This relief granted to the Act. This relief granted to the applicant applicant applicant by the learned Magistrate. by order by the learned Magistrate. by order by the learned Magistrate. by order dated dated dated 2nd August, 2005 came to be challenged in 2nd August, 2005 came to be challenged in 2nd August, 2005 came to be challenged in Criminal Criminal Criminal Revision Revision Revision Application No.510 of 2005 by the Application No.510 of 2005 by the Application No.510 of 2005 by the original original original complainant complainant complainant and the said revision has been and the said revision has been and the said revision has been allowed allowed allowed on 31st July, 2006 by the learned IIIrd Ad on 31st July, 2006 by the learned IIIrd Ad on 31st July, 2006 by the learned IIIrd Ad hoc hoc hoc Additional Sessions Judge and hence, this Additional Sessions Judge and hence, this Additional Sessions Judge and hence, this petition petition petition by the original accused. by the original accused. by the original accused. 3.3.3. Technicalities apart, this petition can be Technicalities apart, this petition can be Technicalities apart, this petition can be disposed disposed disposed off off off by protecting the interest of both the by protecting the interest of both the by protecting the interest of both the parties. parties. parties. Hence, it is directed that the process Hence, it is directed that the process Hence, it is directed that the process issued issued issued in Criminal Case No.7089 of 2002 shall be in Criminal Case No.7089 of 2002 shall be in Criminal Case No.7089 of 2002 shall be treated treated treated to be process for offence punishable under to be process for offence punishable under to be process for offence punishable under section section section 138 138 138 of the Negotiable Instruments Act, 1881 of the Negotiable Instruments Act, 1881 of the Negotiable Instruments Act, 1881 and and and the complainant is at liberty to file a fresh the complainant is at liberty to file a fresh the complainant is at liberty to file a fresh complaint complaint complaint against the accused for the offences against the accused for the offences against the accused for the offences punishable punishable punishable under section 420, 120B read with under section 420, 120B read with under section 420, 120B read with section section section 34 of IPC, if so desired. 34 of IPC, if so desired. 34 of IPC, if so desired. 4.4.4. The Petition is disposed off in terms of above The Petition is disposed off in terms of above The Petition is disposed off in terms of above directions. directions. directions. this order. Writ to go to the trial this order. Writ to go to the trial this order. Writ to go to the trial court court court forthwith. The trial of the complaint is forthwith. The trial of the complaint is forthwith. The trial of the complaint is expedited. expedited. expedited. (B.H.Marlapalle, (B.H.Marlapalle, (B.H.Marlapalle, J) J) J) 3