1 (crim wp 3217 of 2009) IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.3217 OF 2009 Shiv Kumar ...Petitioner Vs. Jayshree Metals and Engineering & Anr. ...Respondents ----- Mr.M.G. Shukla for Petitioner Mr.Kurtaza Najmi i/b. Mr. K.P. Dubey and Mr. Y.S. Mishra for Respondent No.1 Mrs.M.R. Tidake -APP for State ----- CORAM: V.M. KANADE J. DATED: 2ND AUGUST, 2010 P.C. 1. Heard the learned Counsel for the Petitioner, Respondent No.1 and the learned APP for the State. 2. The Petitioner is challenging the order of issuance of process passed by the Learned Metropolitan Magistrate, 14th Court, Girgaum, Mumbai on a complaint filed under section 138 of the Negotiable Instruments Act. 3. It is submitted that no details have been given by the Complainant regarding transaction which was entered into between the Complainant and the Accused. 2 (crim wp 3217 of 2009) It is further stated that the Accused No.2 had agreed to take over the liability of the firm. It is further submitted that no specific role has been attributed to the present Petitioner and lastly, it is submitted that the Petitioner is not a signatory of the cheques. 4. The submissions made by the learned Counsel for the Petitioner cannot be accepted. Particularly, in paragraph 1 of the Complaint, the Complainant has specifically stated that the Petitioner is a partner of the firm and in-charge of the day-to-day affairs of the said business and management of the firm. Further averments which are necessary for the purpose of making the provision of section 141 of the Negotiable of Instruments Act to the complaint are also mentioned. All other questions will have to be decided only after the evidence led by all the parties. Hence, it is not possible to interfere with the impugned order of issuance of process. 5. The Trial Court is directed to expedite the hearing of the case. 6. Petition is disposed of. (V.M. KANADE J.)