PARTH BHADRESH MEHTA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. By consent, heard both sides for final disposal.

(2.) All the three proceedings are filed to challenge the orders of issue process made by learned Judicial Magistrate, First Class in private complaints filed for offence punishable under section 138 of the Negotiable Instruments Act, 1881. The decisions given by the learned Additional Sessions Judge in the revisions filed in two matters like Criminal Revision Application Nos.86/2017 and 87/2017 which were pending in the Court of the learned Additional Sessions Judge Ahmednagar, are also challenged. The revisions are dismissed by the Sessions Court.

(3.) The aforesaid relief is claimed on many grounds. One of the grounds is non compliance of the provision of section 202 of the Code of Criminal Procedure by the Judicial Magistrate, First Class before issuing process in all the three matters. The accused persons are residents of Mumbai. This Court is deciding the writ petitions only on that ground and if the petitioners succeed in satisfying this Court that the said provision is mandatory in nature, there will be no need to consider other grounds of challenge. Both the sides placed reliance on many reported and un-reported cases decided by this Court, other High Courts and also by the Supreme Court.