(-1-) IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 5255 OF 2005 CRIMINAL APPLICATION NO. 5255 OF 2005 CRIMINAL APPLICATION NO. 5255 OF 2005 Mr.J.M. Sancheti ...Applicant Versus Birla Global FInancial Services Limited & Anr ...Respondents ..... Mr. Amit Sheth, Advocate for Applicant. Mr. Rajesh More, A.P.P. for State. ..... CORAM: CORAM: CORAM: SMT. V.K. TAHILRAMANI, J. SMT. V.K. TAHILRAMANI, J. SMT. V.K. TAHILRAMANI, J. DATED: 5TH OCTOBER, 2005 DATED: 5TH OCTOBER, 2005 DATED: 5TH OCTOBER, 2005 P. C.:- P. C.:- P. C.:- 1. Heard the learned advocate for the applicant and the learned A.P.P. for the State. 2. The applicant has prayed for quashing of process issued against him in Criminal Case No.1122/S/2002 which is pending in the Court of learned M.M. 10th Court, Andheri, Mumbai. In the said case, process has been issued against the applicant under Section 138 of Negotiable Instruments Act. 3. For the reasons recorded in the decision of this Court in the case of V.K. Jain & Ors. Vs. Pratap V.K. Jain & Ors. Vs. Pratap V.K. Jain & Ors. Vs. Pratap Vs. Padode and Anr, reported in 2005(3) Mh.L.J. Vs. Padode and Anr, reported in 2005(3) Mh.L.J. Vs. Padode and Anr, reported in 2005(3) Mh.L.J. (-2-) 778, 778, 778, in my opinion, the applicant has an efficacious remedy of preferring revision against the order of Magistrate issuing process. Hence, in my view, it would be appropriate that the applicant prefers revision before the concerned Sessions Court against the order of the Magistrate issuing process. 4. Liberty is granted to the applicant to prefer revision before the concerned Sessions Court. The learned advocate for the applicant states that the necessary revision would be preferred within a period of four weeks from today. I am informed that the date before the trial Court is on 28.10.2005. In view of this statement, the trial Court shall not proceed with the trial on 28.10.2005 and for a period of ten days thereafter. 5. On the necessary revision being preferred by the applicant before the concerned Sessions Court, the concerned Sessions Court shall dispose of the same on merits after hearing necessary parties. 6. Application is disposed of. *****