K M VENKATESHWARAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard the learned Advocate for the petitioner.

(2.) The petitioner is seeking quashing of process issued against petitioner under sections 138 r. w. 141. of Negotiable Instruments Act. The said process has been issued against the petitioner in Criminal Case No. 733/s/2003 which is pending before the learned Addl. Chief Metropolitan Magistrate, Esplanade, mumbai. The petitioner preferred an application for recalling of process before the Addl. Chief Metropolitan Magistrate, however, the said application came to be withdrawn by the petitioner with a liberty to approach this Court in view of the Supreme Court judgment in Adalat Prasad's case.

(3.) However, in my opinion, the petitioner has an efficacious alternate remedy i. e. of preferring a revision before the Sessions Court against the order of the Magistrate issuing process. Hence, I expressed the view that it would be more appropriate that the petitioner prefers a revision before the concerned sessions Court against the order of the Magistrate issuing process.