Ndm 1 appln.3348.09.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 3348 OF 2009 Neela S. Shah. ... APPLICANT Vs. The State of Maharashtra and anr. ... RESPONDENTS -------------- Mr. Dinesh Dubey, Advocate i/b M/s. Ashwinikumar and Company, for Applicant. Mrs. A.A. Mane, APP for State. Mrs. Malika Ingale, Advocate for Respondent No.2. -------------- CORAM : V.R. KINGAONKAR, J. DATE : 23 rd September, 2009. P.C. 1 Heard. In view of the availability of the alternate remedy, this application challenging the issuance of process in the proceeding of the criminal complaint for offence under Section 138 of the Negotiable Instruments Act, need not be considered. 2 The Apex Court in Sakiri Vasu vs. The State of Utter Pradesh and others (2008) 2 Supreme Court Cases 409 observed “it Ndm 2 appln.3348.09.sxw is true that alternative remedy is not an absolute bar to a writ petition, but it is equally well settled that if there is an alternative remedy the High Court should not ordinarily interfere” 3 Considering the above legal position, I decline exercising discretion for quashing Criminal Case under Section 482 of the Criminal Procedure Code. The application is dismissed. Liberty granted to avail the alternate remedy. [ V.R. KINGAONKAR, J ]