1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. Criminal WP No. 146 of 2011 Smt Swati and anr v. Vijaykumar and anr ----------------------------------------------------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's Orders. ----------------------------------------------------------------------------------------------------------------------------------------- Mr S.A. Mohta, Adv for petitioners Mr D.B. Yengal, APP for respdt no.2 Coram: A.P. Bhangale, J Dated : 9th August 2011 1. Heard learned counsel for petitioners and learned Additional Public Prosecutor for respondent no. 2. Petitioners have prayed for quashing of process issued by the Judicial Magistrate, FC, Akola vide order dated 25.8.2005 in Misc. Criminal Case No. 15009 of 2004. 2. Averments in the complaint are that complainant paid Rs. 11 lacs on 30.8.2003 and Rs. 1 lac on 2.9.2003 to the accused no. 1 through all the partners including present petitioners. Cheque was issued by accused no.1 for discharge of liability, but that was bounced and inspite of legal notice notice, accused including present petitioners did not pay the amount under cheque and hence, complaint was filed. 3. Learned Magistrate on perusal of complaint, documents and verification issued process vide order dated 25.8.2005. Present applicants have appeared before the learned Magistrate in response to the process. Present petition has been filed on 16.2.2011. Challenge to the order of issuance of process dated 25.8.2005 after a period of five years without explaining latches by itself is a good ground to dismiss the present petition. Apart from this, learned Magistrate has issued process on perusal of the complaint, documents and on going through the verification statement. There is no scope to interfere with the order of issuance of process. 2 4. In the result, criminal writ petition is dismissed in limine. JUDGE joshi