..(1).. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.1943 OF 2008 Nusrat Jabin d/o. Abdul Rehman. ..Petitioner. Vs. The State of Maharashtra and 2 Ors. ..Respondents. ... Mr.Fazal Hussain Shaikh, Adv. for the petitioner. Mr.Y.M.Nakhwa, APP, for the State. ... CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. DATE : 20th October, 2008 DATE : 20th October, 2008 DATE : 20th October, 2008 P.C. P.C. P.C. 1. Heard the learned Advocate for the petitioner and the learned A.P.P. for the State. 2. The petitioner is seeking quashing of C.C. No.633/SS/2006 pending before the learned Metropolitan Magistrate, 20th Court, Mazgaon, Mumbai. It is seen that in the said case process has been issued against the petitioner under Section 138 of the Negotiable Instruments Act. 3. It is seen that the stage of the case is that ..(2).. only process has been issued against the petitioner. It is clear that if the process is quashed, the entire proceeding in respect of the petitioner would come to an end. 4. For the reasons recorded in the order passed by this Court in the case of V.K.Jain Vs. P.V.Padode; V.K.Jain Vs. P.V.Padode; V.K.Jain Vs. P.V.Padode; 2005(3) Mh.L.J.778, 2005(3) Mh.L.J.778, 2005(3) Mh.L.J.778, which has been upheld by the Hon’ble Apex Court I am of the opinion that the petitioner has an efficacious remedy of preferring revision against the order of Magistrate issuing process. Hence, in my view, it would be appropriate that the petitioner prefers a revision before the concerned Sessions Court against the order of the Magistrate issuing process. 5. Liberty is granted to the petitioner to prefer the necessary revision before the concerned Sessions Court. The learned Advocate for the petitioner makes a statement that the necessary revision will be preferred within five weeks from today. In view of this statement, the trial Court shall not proceed with the trial for a period of five weeks. ..(3).. 6. If the revision is preferred within five weeks, delay, if any, in preferring the revision be condoned. On the necessary revision being preferred by the petitioner before the concerned Sessions Court, the concerned Sessions Court shall dispose of the matter on merits after hearing the necessary parties. 7. Criminal Application is disposed of accordingly. [SMT.V.K.TAHILRAMANI,J.]