IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.2187 OF 2006 Jaydeep R. Kulkarni .. Petitioner Vs. Chate Coaching Classes Pvt.Ltd. & Ors. .. Respondents Mr.Indrajeet Joshi for the petitioner. Ms.Swapna Abhyankar i/by Mr.D.N.Salvi for the respondent No.1. Mr.J.P.Yagnik, A.P.P for the State. CORAM CORAM CORAM : A.S.OKA, J. : A.S.OKA, J. : A.S.OKA, J. DATE DATE DATE : 18th July 2008. : 18th July 2008. : 18th July 2008. P.C.: . Heard learned Advocates for petitioner and first respondent. 2. The petitioner has been arraigned as an accused in a complaint filed by the first respondent under section 138 of Negotiable Instruments Act, 1881. The petitioner challenged the order issuing process by filing a revision application before the sessions court. The said application has been rejected. 3. The submission of the learned Counsel for petitioner is that the cheque on the basis of which the complaint has been filed, has been allegedly issued by the petitioner in favour of M/s.Shrirang Classes, Alibaug. He submitted that though M/s.Shrirang Classes : 2 : are the payees under the said cheque, the notice of demand was issued on behalf of M/s.Chate Coaching Classes Pvt.Ltd. and not on behalf of M/s.Shrirang Classes. He, therefore, submitted that the complaint was not maintainable and, therefore, the process ought not to have been issued. 4. I have perused the complaint. In the first paragraph of the complaint, the first respondent has averred that the first respondent is running a coaching class at Alibaug in the name of M/s.Shrirang Classes. In view of this specific averment, the first respondent will have to lead evidence to show that it was running classes in the name of Shrirang Classes. In view of the specific averment in the complaint, at this stage, no case is made out for quashing the complaint, as the dispute involved will have to be decided on the basis of the evidence adduced by the parties and in particular the first respondent. 5. Hence, no case is made out for interference. Petition is rejected. However, it is made clear that all contentions raised by the petitioner are expressly kept open. : 3 : (A.S.OKA, J)