- 1 - 3018.3019.3020.3021 rng IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.3018 OF 2010 Mr.Shyam Chougle .. Petitioner vs The State of Maharashtra & ors.Respondents with CRIMINAL WRIT PETITION NO. 3019 OF 2010 Mr.Rajesh Chalke & ors .. Petitioners vs The State of Maharashtra & ors.Respondents with CRIMINAL WRIT PETITION NO.3020 OF 2010 Mr.Shyam Chougle .. Petitioner vs The State of Maharashtra & ors.Respondents with CRIMINAL WRIT PETITION NO. 3021 OF 2010 Mr.Shyam Chougle .. Petitioner vs The State of Maharashtra & ors ..Respondents Mr.E.B.Dixit a/w Mr.P.R.Yadav for Petitioners Mr.Rajesh More APP for Respondents - 2 - 3018.3019.3020.3021 CORAM: N.D.DESHPANDE, J DATED: December 6, 2010 P.C. 1. Allowed to be withdrawn as most of the grounds raised in this writ petition are general defences available to an accused in a case under section 138 of the Negotiable Instrument Act and merely because a summons is issued and cognizance of the complaint is taken does not give him a cause of action for filing the writ petition or a revision to challenge the process for one or other reason. Proceedings under section 138 of the Negotiable Instrument Act is in the nature of a complaint prescribed under the Act more particularly section 138 and cognizance is taken only after satisfying the requirements under the relevant provision. Since a summons is issued as a - 3 - 3018.3019.3020.3021 process and no compelling process like a issuance of warrant is permitted or allowed. The accused is apprised of the accusations by serving him copy of the complaint and the relevant documents and also those are explained for recording his plea. When the accused pleads not guilty then there is a room for him that he should have made defences in support of his innocence as not guilty. In that view of the matter, the petitioner-accused is allowed to withdraw the writ petition. Needless to state that considering the nature of the accusations and the offence, the accused would be permitted to appear to defend the proceedings by a lawyer even for his presence and participation unless his personal presence being necessary and can be sought by issuance of an appropriate process in trial. - 4 - 3018.3019.3020.3021 Accordingly, writ petition is dismissed as withdrawn. N.D.Deshpande, J - 5 - 3018.3019.3020.3021