1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE Criminal Application No.2580 of 2007 Dr.Vijay Mallya Applicant Vs. Shri Dinesh Mangilal Jain & anr. Respondents Mr.Shrish Gupte, Sr.Counsel with Mr.Subodh Desai i/b. B. Munim & Co. for applicant. Mr.D.P.Adsule, APP for State. CORAM: B.H.MARLAPALLE, J. August 13, 2007. P.C. . Heard Mr.Gupte, the learned Senior Counsel for the applicant. The applicant is challenging the process issued against him by the learned Metropolitan Magistrate in CC No.79/SW/2007. Mr.Gupte has also relied upon the decision in the case of Pepsi Foods Ltd. & anr. Vs. Special Judicial Magistrate & ors. [(1998) 5 SCC 749] [(1998) 5 SCC 749] [(1998) 5 SCC 749]. . This Court in the case of V.K.Jain & ors. Vs. Pratap V. Padode [2005 (3) Mh.L.J. 778] [2005 (3) Mh.L.J. 778] [2005 (3) Mh.L.J. 778] has taken a view that for challenging the order of process issued by the Magistrate, there is an equally efficacious remedy of filing a revision application under Section 397 of Cr.P.C. and, therefore, the present applicant will also have to approach the Sessions Court at 2 Mumbai. . The application is, therefore, disposed with liberty to approach the Sessions Court and if such a revision application is filed within a period of six weeks from today, the period of pendency of this petition from 21st July 2007 till today shall be excluded for counting the delay, if any. (B.H.MARL