1 Crim.Appln. No.2845/2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 2845 OF 2010 Mr.L.Hari Gopalkrishnan & Anr. ...Applicants vs. The State of Maharashtra & Anr. ...Respondents Mr.Sandeep Karnik i/b. Mr.Aabad H.H.H. Ponda for the Applicants. Mr.Yashpal Thakur i/b. M/s.Paras Kuhad & Assocites for Respondent No.2. Mr.S.R. Shinde, APP for the State. CORAM : V.M. KANADE, J. DATED : JULY 30, 2010 P.C. :- 1 Heard Counsel for the applicants and Counsel for Respondent No.2. 2 The applicants are challenging the order of issuance of process passed by the learned Metropolitan Magistrate on a complaint filed under Section 138 of the Negotiable Instruments Act. 2 Crim.Appln. No.2845/2010 3 By consent of parties, the verification which is recorded by the learned Magistrate on a statement given by the complainant is quashed and set aside. The matter is remanded back in view of the ratio of the judgment in the case of Amarnath Baijnath Gupta & Anr. vs. Mohini Organics Pvt.Ltd. & Anr., reported in 2009 All M.R. (Cri) 184. All contentions raised in this application are kept open. The learned Magistrate shall record the verification, in accordance with law and thereafter, pass an appropriate orders on merits and in accordance with law. The learned Magistrate is directed to record the verification within a period of four weeks from today. 4 Application is disposed of. (V.M. KANADE, J.)