1 (Crim appln 466 of 2010) IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.1616 OF 2009 Nandu Ahire ...Petitioner Vs. Shivlal @ Rakesh Kanji Chouhan and Ors. ...Respondents ----- Mr.G.P. Patkar i/b. Mr.O.R. Tiwari for Petitioner Mrs.M.R. Tidake -APP for the State ----- CORAM: V.M. KANADE J. DATED: 1ST OCTOBER, 2010 P.C. This writ petition has been filed against the order passed by the Learned Metropolitan Magistrate, 43 rd Court, Borivali, Mumbai dated 1.9.2007, who was pleased to dismiss the complaint filed by the Complainant under section 138 of the Negotiable Instruments Act. Against this order, an application for leave to file appeal has to be filed. Since criminal application is not maintainable the same is dismissed with liberty to the Petitioner to take out an appropriate proceeding. (V.M. KANADE J.)