MAHESH SHARMA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith and, with the consent of the learned Counsels for the parties, heard finally.

(2.) This petition under Article 227 of the Constitution of India and Sec. 482 of the Code of Criminal Procedure, 1973 ("the Code") assails the legality, propriety and correctness of the judgment and order dtd. 27/1/2020 passed by the learned Additional Sessions Judge, Grater Bombay, in Criminal Revision Application No. 876 of 2019, whereby the revision preferred by the petitioner against an order of issuance of process dtd. 24/8/2018 passed by the learned Metropolitan Magistrate, 23rd Court, Esplanade, Mumbai, in CC No.1145/SS/2018, for the offence punishable under Sec. 138 read with Sec. 141 of the Negotiable Instruments Act, 1881 ("the N. I. Act, 1881") came to be dismissed, affirming the said order of the learned Magistrate.

(3.) The background facts necessary for determination of this petition can be stated as under: