PRASHANT Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard Mr. L.H. Kothari, learned counsel for the applicant and Mr. A.V. Bhide, learned counsel for the respondent. Respondent Pravinchand Masram is an accused in Summary Criminal Case No. 217 of 2009 pending in the Court of Judicial Magistrate First Class, Chandur Railway against whom a process for the offence punishable under Section 138 of the Negotiable Instruments Act has been sought by the applicant. He is made respondent in the present proceedings.

(2.) In my opinion, it was not necessary to make him as a party respondent as he is not in picture, since the process has not been issued by the Magistrate so far. The only necessary party was State of Maharashtra. The applicant is, therefore, directed to amend the application immediately. The name of respondent be deleted and 'State of Maharashtra' be made as party respondent.

(3.) Learned Additional Public Prosecutor Mr. Nitin Rode waives service on behalf of respondent/State of Maharashtra.