1 (Crim Appln 3381 of 2010) IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.3381 OF 2010 Ashok M. Chaurasia ...Applicant Vs. The State of Maharashtra & Anr. ...Respondents ----- Mr.S.J. Chauresia i/b. Ashoka Law Firm for Applicant Mr.A.S. Shitole -APP for the State ----- CORAM: V.M. KANADE J. DATED: 18TH AUGUST, 2010 P.C. 1. Heard the learned Counsel appearing on behalf of the Applicant. 2. The Applicant is challenging the order of issuance of process passed by the Learned Metropolitan Magistrate, 33 rd Court, Bellard Pier, Mumbai in a complaint filed under section 138 of the Negotiable Instruments Act. 3. It is submitted that though in the demand notice which was issued to the accused, an amount of Rs.11,20,392.15 was stated to be an outstanding 2 (Crim Appln 3381 of 2010) amount payable to the Complainant and in the complaint it was stated that three cheques in a sum of Rs.5,00,000/- each which were deposited by the Complainant, were dishonoured. It is submitted that , therefore, this a clear discrepancy in respect of the amount which was allegedly due and payable to the Complainant and two different figures have been mentioned in the notice and in the complaint. It is, therefore, submitted that the order of issuance of process is liable to be quashed. 4. It is not possible to accept the submission made by the Learned Counsel for the Applicant. The question of the liability is to be determined during the trial since it is a question of fact and, therefore, at this stage, it is not possible to interfere with the order of issuance of process. 5. Application is, therefore, rejected and disposed of. (V.M. KANADE J.)