1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application No. 3325 of 2009 ( Narayan Sundarlal Rathi ..vs.. Vijay Madhusudhan Sangwai and another ) --------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders --------------------------------------------------------------------------------------------------------------------- Mr. R.G. Kavimandan, Advocate for the applicant. CORAM:- S. S. SHINDE, J. DATED :- 17 th NOVEMBER,2009 1. This application is filed challenging the order dated 29-4-2009 passed by the Judicial Magistrate First Class, Akot in issuing process under Section 138 of the Negotiable Instruments Act in S.C.C. No.23/2008. 2. The learned Advocate appearing for the applicant invited my attention to the grounds taken in the application and submitted that all the ingredients of Section 138 of the Negotiable Instruments Act do not satisfy in the present case and therefore, order of issuing of process by the Judicial Magistrate First Class, Akot is not sustainable. Therefore, he prayed this Court may entertain this application by quashing the impugned order. 3. I have heard the learned Advocate appearing for the applicant, perused the judgment and order passed by the 2 revisional Court, more particularly paragraph 9. In paragraph 9 the revisional Court has recorded that “prima- facie it is disclosed that the accused issued two cheques to the complainant towards discharge of legal liability, which were dishonoured when presented in the Bank on the ground that the account was closed. All the essential ingredients of the offence punishable under Section 138 of the Negotiable Instruments Act are satisfactorily made out and the impugned order of issue of process is not liable to be recalled.” 4. After hearing learned Advocate appearing for the applicant, no case is made out. The learned Advocate after arguing the matter seeks permission to withdraw the application. The application is allowed to be withdrawn. It is made clear that any observations made by the revisional Court shall not come in the way of the applicant while prosecuting proceedings before the Judicial Magistrate First Class, Akot. JUDGE adgokar