1 (crim wp 2207of 2010) IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.2207 OF 2010 Mr.Reddy Vijayanarayana T.N. ...Petitioner Vs. State of Maharashtra and Anr. ...Respondents ----- Mrs.Pravina Kanani i/b. Mr. Sunil D’Souza for Petitioner Mr. Yashpal Thakur i/b. Paras Kuhad and Associates for Respondents ----- CORAM: V.M. KANADE J. DATED: 31ST AUGUST, 2010 P.C. 1. The Petitioner is challenging the order of issuance of process passed by the Learned Magistrate on a complaint filed by the Respondent No.2 under section 138 of the Negotiable Instruments Act. 2. It is submitted by the Learned Counsel appearing on behalf of the Petitioner that the verification has not been recorded by the Learned Magistrate in accordance with law. 2 (crim wp 2207of 2010) 3. The learned Counsel appearing on behalf of the Respondent NO.2 submits that he has no objection if the said verification is set aside and the matter is remanded back to the Trial Court. 4. Thus, the order of issuance of process is set aside by consent of parties. The verification recorded by the Learned Magistrate in respect of all accused is also set aside. 5. The learned Magistrate is directed to record a fresh verification in accordance with law and, thereafter, issue an appropriate orders on merits and accordance with law. The exercise of recording verification in respect of all the accused shall be completed within four weeks from today. 6. All other contents raised by the Petitioner are kept open. (V.M. KANADE J.)