1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.1176 OF 2010 Miss Snehal Prakash Shardul .... Petitioner. V/s The State of Maharashtra and Anr. .... Respondents. Mr. Prakash Wagh for the Petitioner. Mr. A.S. Shitole, APP for the State. Mr. Machindra Patil for Respondent No.2. CORAM: V. M. KANADE, J. DATE : 23RD JUNE, 2010 P.C.:- 1. Heard the learned Counsel for the Petitioner and the learned Counsel for Respondent No.2. 2. Petitioner is challenging the order of issuance of process passed by the Judicial Magistrate, First Class, Vita who was pleased to issue process on the complaint filed by Respondent No.2 under section 138 of the Negotiable Instruments Act. 3. The grievance of the Petitioner firstly is that the complaint is filed at Vita, District Sangli, though the entire cause of action had arisen in Bombay. He submitted that 2 the said complaint was filed at Vita, District Sangli only for the purpose of harassing the Petitioner herein. 4. The learned Counsel for Respondent No.2 submits that the trial has begun. The plea of the Petitioner is already recorded. It is, therefore, submitted that, at this stage, the Petition filed by the Petitioner may not be entertained. 5. In my view, since the cheque was deposited in a Bank at Vita and it was dishonoured after it was deposited in the said Bank, Vita Court would have jurisdiction to try and decide the said complaint. Plea of the Petitioner is already recorded. 6. Taking into consideration the grievance of the Petitioner that the Petitioner is a lady and that she may be exempted from appearing in the Court at Vita, the said grievance can be taken care of by giving direction to the Magistrate not to insist on the presence of the accused during the trial and in the event an adverse order is passed against her at the final hearing of the case, the said order may be suspended for a period of two weeks in order to enable her to file an appeal against the said order. 7. Accordingly, the learned Judicial Magistrate, First Class, Vita is directed not to insist on the presence of the Petitioner herein during the disposal of the case except for the purpose of recording her 313 statement and unless it is absolutely 3 necessary and if an adverse order is passed in the said case, the said order of conviction may be stayed for a period of two weeks in order to enable the accused to file an appeal against the said order. 8. With the aforesaid directions, Writ Petition is disposed of. (V.M. KANADE, J.)