Mr.Ramesh Seth v. State of Maharashtra

.... Mr.Prashant Parsurampuria, Adv. for the applicant. Ms.A.A.Mane, APP, for the State. .... CORAM : SMT.V.K.TAHILRAMANI,J. CORAM : SMT.V.K.TAHILRAMANI,J. CORAM : SMT.V.K.TAHILRAMANI,J. DATED : 5th December, 2008. DATED : 5th December, 2008. DATED : 5th December, 2008. P.C.P.C. P.C.

Heard the learned Advocate for the applicant - orig.accused and the learned A.P.P. for the State.

The applicant is seeking quashing of process issued by the learned Metropolitan Magistrate, 6th Court, Mazgaon, Mumbai in C.C. No.873/SS/2006. In the said case process has been issued against the applicant under Section 138 read with 141 of Negotiable Instruments Act.

For the reasons recorded in the order passed by ..(2).. V.K.Jain Vs. P.V.Padode; this Court in the case of V.K.Jain Vs. P.V.Padode; V.K.Jain Vs. P.V.Padode; 2005(3) Mh.L.J.778, which has been upheld by the 2005(3) Mh.L.J.778, 2005(3) Mh.L.J.778, Hon’ble Apex Court I am of the opinion that the applicant has an efficacious remedy of preferring revision against the order of Magistrate issuing process. Hence, in my view, it would be appropriate that the applicant prefers a revision before the concerned Sessions Court against the order of the Magistrate issuing process.

Liberty is granted to the applicant to prefer the necessary revision before the concerned Sessions Court. The learned Advocate for the applicant makes a statement that the necessary revision will be preferred within four weeks from today. In view of this statement, the trial Court shall not proceed with the trial for a period of four weeks.

On preferring the revision before the concerned Sessions Court, the concerned Sessions Court shall dispose of the matter on merits after hearing the necessary parties.

It is stated that NBW has been issued against the applicant by the learned Magistrate in the above case. ..(3).. The applicant has prayed for quashing of the said NBW. I am not inclined to quash the order issuing NBW at this stage, as in my opinion the applicant has an efficacious remedy of approaching the concerned Magistrate for setting aside the said NBW. Liberty is granted to the applicant to prefer appropriate proceedings before the learned Magistrate. To enable the applicant to prefer appropriate proceedings before the concerned Magistrate, the NBW is stayed for a period of four weeks from today.