mpt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 4371 OF 2009 Mohammed Iqbal Khan ... Applicant versus Akbarally A. Porbunderwalal & ors. ... Respondents ... Mr.Prakash Naik for the applicant. Ms.S.V. Gajare APP for the State. CORAM : D.G. KARNIK, J. DATED : 2nd December 2009 P.C. 1. Heard. 2. By this application, the petitioner prays for quashing of the order dated 19th January 2009 passed by the Addl. Chief Metropolitan Magistrate, 38th Court, Esplanade, Mumbai issuing process against the accused no.1 and refusing to issue process against accused nos.2 and 3 as well as the order of the Court of Sessions dated 16th July 2009 in Criminal Revision No.427 of 2009 confirming the order of the Chief Metropolitan Magistrate. 3. The applicant filed a private complaint against the accused nos.1, 2 and 3 for an offence punishable u/s.420, 406 and 403 of the Indian Penal Code. The Magistrate postponed the issue of the process and called for the report of the police u/s.156(3) of the Code of Criminal Procedure. Police filed the report implicating only the accused no.1 and exonerating accused nos.2 and 3. Thereupon the Magistrate accepted the report and issued process only against accused no.1. On the basis of the material produced before the Magistrate and the police report, the Learned Magistrate was satisfied that no ground existed for issuance of a process against the accused nos.2 and 3. Learned Sessions Judge has given cogent reasons for confirming the decision of the Magistrate. I do not find any error in the concurrent view taken run by the two courts below. Since the Magistrate on the basis of material available before him was not satisfied about existence of any prima facie material against the accused nos.2 and 3, he was ready to refuse to issue process against them. 4. For these reasons, application is dismissed summarily. (D.G. KARNIK,J.)