APPLN.3231-10 - 1 - VPH IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION No. 3231 OF 2010 M/s. J. D. & Co. Pvt. Ltd. & Anr. ...Applicants Vs. M/s. Vast Associates & Anr. ...Respondent *** Mr. M. K. Kacherekar i/b Rajeev Sawant & Associates, for the Applicants. Mrs. M. Ingale, for Respondent No.1. Mrs. P. P. Bhosale, APP for the Respondent-State. *** CORAM: V. M. KANADE J. DATE : AUGUST 13, 2010 P.C. 1. Heard. The applicants are challenging the order of issuance of process dated 23-4-2009, passed by the learned Magistrate, for the offence punishable under S. 138 of the Negotiable Instruments Act. 2. It is submitted that the learned Magistrate has not recorded the verification statement, in accordance with the guidelines laid down by this Court in the case of – Amarnath B. Gupta & Anr. Vs. Mohini APPLN.3231-10 - 2 - Organics Pvt. Ltd. & Anr. [2009 ALL MR (Cri) 184]. The learned counsel appearing on behalf of respondent No.1 fairly conceded that the said verification does not appear to be recorded, as per the guidelines laid down in the said decision. Hence, by consent of parties, impugned order of issuance of process, dated 23rd April, 2009 is quashed and set aside. The matter is remanded back to the trial Court. The trial Court shall record fresh verification in accordance with the guidelines laid down in the aforesaid judgment of this Court and thereafter pass an appropriate order on merits, in accordance with law. All other questions raised in this application are kept open. . Present application is accordingly disposed of in above terms. [ V. M. KANADE J.]