- 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 CRIMINAL CRIMINAL CRIMINAL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CRIMINAL CRIMINAL CRIMINAL WRIT PETITION NO.2183 OF 2007 WRIT PETITION NO.2183 OF 2007 WRIT PETITION NO.2183 OF 2007 Shripatrao Kakade & Anr. ...Petitioners vs. Mr.J.K.Enterprises & Anr. ...Respondents Mr.K.Y.Mandlik for the petitioners Mr.D.P.Adsule A.P.P. for State Mr.Niranjan Mundargi for the Respondent No.1. CORAM: CORAM: CORAM: A.S.OKA,J. A.S.OKA,J. A.S.OKA,J. DATE DATE DATE : AUGUST 27,2008 : AUGUST 27,2008 : AUGUST 27,2008 P.C.: P.C.: P.C.: 1. Heard the learned counsel for the parties. The petitioner has been arraigned as an accused in a private complaint filed by the first Respondent on which process has been issued for offence under sections 406, 420 r/w section 34 of the Indian Penal Code. An application was made by the petitioner at Exh.30 raising various objections to the maintainability of the complaint. The said application was rejected by order dated 4th July 2006. A revision application was filed against the said order by the petitioner. The said revision application has been dismissed by the learned Additional Sessions Judge. 2. Considering the prayer made in the application at Exh.30, the same was not maintainable before the learned trial Judge. The remedy of the petitioner was to challenge the order issuing process by filing a revision application before the - 2 - appropriate Sessions Court. 3. Only on this ground, this petition is not entertained and the same is rejected with liberty to file a revision application before the appropriate Sessions Court. 4. It is made clear that the contentions which are raised in this petition are kept open and the said contentions can be raised in the Revision. If such revision application is preferred by the petitioner, the concerned court will decide the same without being influenced by the findings recorded in the impugned order dated 23rd July 2007 passed in Criminal Revision Application No.96 of 2006. All contentions of the parties on merits are kept open. JUDGE JUDGE JUDGE