1 wp163.11.sxw IN THE HIGH COURT OF JUDICATURE OF BOMBAY CRIMINAL APPELLATE JURISDICTION. Criminal Writ Petition No. 163 of 2011 WITH Criminal Writ Petition No. 164 of 2011 WITH Criminal Writ Petition No. 165 of 2011 WITH Criminal Writ Petition No. 166 of 2011 WITH Criminal Writ Petition No. 167 of 2011 M/s. Sushil Traders Through its Proprietor Mr. Ajay Subhaschandra Soni ....Petitioner v/s. M/s. Namdeo Shivram Panhale & anr. ....Respondents Mr. N.V. Kelantri for the petitioner. M.R. Tidke-APP for the State. CORAM: B.R. GAVAI, J. 26th July, 2011 PC: The petitioner in the above petitions is taking an exception to the order dated 7th December, 2010 passed by the learned Additional Session Judge, Nashik thereby dismissing the revision application filed by the present petitioner. 2. The petitioner being aggrieved by an order of issuance of process passed by the learned Magistrate had approached the learned Revisional Court by way of revision. The learned Sessions Judge dismissed the revision relying on the Judgment of this Court to the effect that since the order of issuance of process is an interlocutory order and as such the revision was not tenable. 2 wp163.11.sxw 3. The issue is no more res integra. The Apex Court in the case of Dhariwal Tobacco Products Limited & ors. v/s. State of Maharashtra & anr. (2009) 2 SCC 370 has held that an order of issuance of process is not an interlocutory order but is something in between the interlocutory and a final order and as such a revision would be tenable. The dismissal of the revision on the said ground is unsustainable. 4. However, since I am exercising jurisdiction under Section 482, I myself examined the order passed by the learned Magistrate which was passed while issuing the process. From the perusal of the order it would reveal that ingredients to constitute the offence under Section 138 are made out and as such no case is made out for interference with the order of issuance of process. 5. The petitions are, therefore, dismissed with aforesaid observations. (B.R. GAVAI, J)