1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Revision Application No. 239/2009 Girish Payarelal Borikar ..vs.. Dharampeth Gruha Nirman Sahakari Sanstha thr. its Secretary --------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders --------------------------------------------------------------------------------------------------------------------- Mr. G. G. Gurve, Advocte for applicant. CORAM:- S. S. SHINDE, J. DATED :- 17 th December, 2009 1. Heard learned counsel for the applicant. 2. Learned counsel for the applicant submitted that the applicant herein did not receive statutory notice and, therefore, application under Section 311 of the Code of Criminal Procedure was filed before Judicial Magistrate First Class and Special Court u/s 138 of the Negotiable Instruments Act. However, learned Magistrate rejected the said application. Learned counsel invited my attention to the pleadings in the application as well as grounds taken therein and also contents of the application which was filed before the Court below and submitted that in the interest of justice, this Court may interfere in the impugned order and allow prayer of the applicant. 2 3. After hearing counsel for the applicant and after perusal of the contents of the application, annexures thereto and more particularly in view of the fact that the application filed by applicant was at the stage of argument, I am not inclined to entertain this application. If at all the applicant was aggrieved by non receipt of statutory notice, at the threshold itself, the grievance should have been made and if necessary, application should have been filed at that stage. Hence, the Court below has rightly rejected the said application. No case is made out for interference. 4. In view of above, the revision application is rejected. Any observations in the impugned order so far as it relates to counsel for the applicant is concerned, those stand expunged. JUDGE kahale