1 abs FARAD CONTINUATION IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 3047 OF 2002 ------------------------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Court's or Judge's Orders Coram, appearances, Court's Orders or directions and Registrar's Orders Mr. J.B. Kocheta for the applicant. None present for respondent no.2. Ms. S.V. Gajare, A.P.P. for the State. CORAM : D.G. KARNIK, JJ. DATE : 18TH DECEMBER 2009 P.C. : 1. Heard. 2. By this application, the applicant prays for quashing of the order dated 28th April 1993 passed by the Additional Chief Metropolitan Magistrate, 24th Court, Borivali issuing process under section 138 of the Negotiable Instruments Act. 3. There are several reasons why this 2 application needs to be dismissed. Firstly, the impugned order dated 28th April 1993 has not even been annexed to this application. Secondly, though the impugned order is dated 28th April 1993, the application has been filed on 26th August 2002, that is after 9 years of the order of issuance of process. Even on merits, I am not inclined to interfere in the order of issuance of process. The accused moved an application before the Magistrate for discharge/ dismissal of the complaint on the ground that the complainant had also filed a suit in the Bombay City Civil Court in respect of the very cheque. That application was rejected on 17th July 2002. The order passed by the learned Additional Chief Metropolitan Magistrate on 17th July 2002 rejecting the applicant’s application is not impugned in this application and has become final. 4. For these reasons, the application is dismissed. (D.G. KARNIK, J.)