BANWARILAL L SAINI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard.

(2.) Rule. By consent, Rule made returnable forthwith. By consent, heard forthwith.

(3.) The petitioners are the accused nos.1 and 3 in Criminal Case No.11/SS/2012 pending before the Metropolitan Magistrate, 71 st Court, Mazgaon, Mumbai. The case is in respect of an offence punishable under section 138 of the Negotiable Instrument Act and arises on the basis of a complaint filed by the respondent no.2 herein. One Amit Saini is the accused no.2 in the said case. He is the son of the first petitioner (accused no.1) and the husband of the second petitioner (accused no.3). After examining the respondent no.2 on oath in accordance with the provisions of section 200 of the Code of Criminal Procedure, the Magistrate issued process against all the three accused mentioned as such, in the complaint. The petitioners challenged the issue of process against them, on the ground that the cheques in question had been issued only by the accused no.2 and not by the petitioners or any of them, by filing a revision in the Court of Sessions but the revision application came to be dismissed. The petitioners have now approached this court by filing the present writ petition.