1 wp2546-10 rpa IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURSIDICTION CRIMINAL WRIT PETITION NO. 2546 OF 2010 TATA Motors Limited .. Petitioner V/s. Pharmaceutical Product of India Ltd., & Ors. .. Respondents ..... Mr. S. Velkar a/w. Mr. V. V. Mohite for the applicant. Ms. Pravina Kanani for respondent No.1. ..... CORAM : A.S.OKA, J. DATE : SEPTEMBER 22, 2011. P.C.: Heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondent No.1. The petitioner filed a private complaint against the 1st to 4th respondents alleging commission of offence under Section 138 read with Section 141 of the Negotiable Instruments Act, 1882. An application was made by the petitioner-complainant at Exhibit 57 invoking Section 465 of the Code of Criminal Procedure, 1973. In the application, it was contended that the summons was duly served to the first respondent but the plea of the first respondent remained to be recorded. By the impugned order, the said application has been rejected by the learned Magistrate. 2 wp2546-10 2. The learned counsel appearing for the petitioner now accepts that the summons was not served to the first respondent. The application at Exhibit 57 proceeds on the assumption that the summons was served to the first respondent and in fact there is an assertion to that effect in paragraph No.16 of this application. Now it is accepted that the summons was not served to the first respondent/first accused. Hence, application at Exhibit 57 was completely misconceived. Only on that ground, it is not necessary to interfere with the impugned order. It is made clear that this Court has not considered the merits of the impugned order. 3. Hence, subject to what is observed above, petition is rejected. However, it is always open for the petitioner to make appropriate application before the learned Magistrate as regards service of summons to the first respondent. 4. All contention of the parties on such application are expressly kept open. (A.S.OKA, J.)