[-1-] IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.270 OF 2008 Mrs.Lila Abraham. ..Petitioner. Vs. Unipacific Travel & Tours Pvt. Ltd., & Anr. ..Respondents. ... Mr.K.K.V. Kurup, Advocate for the petitioner. Mr.K.R.Iyengar, Adv. for respondent No.1. Mr.Y.M.Nakhwa, APP, for the State. ... CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. DATE : 16th October, 2008 DATE : 16th October, 2008 DATE : 16th October, 2008 P.C. P.C. P.C. 1. Heard the learned Advocate for the petitioner, the learned Advocate for respondent No.1-orig.complainant and the learned A.P.P. for the State. 2. The petitioner is seeking quashing of process issued by the learned M.M., 37th Court, Esplanade, Mumbai in C.C.No.12/M/1999. 3. The learned Advocate for the petitioner submitted that the learned Magistrate committed an [-2-] error in issuing process and the said process deserves to be set aside. 4. For the reasons recorded in the order passed by this Court in the case of V.K.Jain Vs. P.V.Padode; V.K.Jain Vs. P.V.Padode; V.K.Jain Vs. P.V.Padode; 2005(3) Mh.L.J.778, 2005(3) Mh.L.J.778, 2005(3) Mh.L.J.778, which has been upheld by the Hon’ble Apex Court, I am of the opinion that the petitioner has an efficacious remedy of preferring revision against the order of Magistrate issuing process. Hence, in my view, it would be appropriate that the petitioner prefers a revision before the concerned Sessions Court against the order of the Magistrate issuing process. 5. Liberty is granted to the petitioner to prefer the necessary revision before the concerned Sessions Court. The learned advocate for the petitioner makes a statement that the necessary revision will be preferred within five weeks from today. In view of this statement, the trial Court shall not proceed with the trial for a period of five weeks. 6. The learned counsel for the respondent no.1-original complainant makes a statement that no [-3-] objection will be raised in respect of condonation of delay in preferring revision before the Sessions Court. In view of this statement, if the revision if preferred within five weeks, the learned Sessions Judge shall condone the delay if any. 7. On the necessary revision being preferred by the petitioner before the concerned Sessions Court, the concerned Sessions Court shall dispose of the matter on merits after hearing necessary parties. 8. Writ Petition is disposed of accordingly. [SMT.V.K.TAHILRAMANI,J.]