Judgment

B. N. AGRAWAL, J.

( 1 ) LEAVE granted.

( 2 ) CHALLENGE in this appeal has been made to judgment passed by the Bombay High Court dismissing writ application filed by the appellant upholding an order passed by a Sessions Court in revision refusing to interfere with the order passed by a Chief Judicial Magistrate taking cognizance and issuing process against the appellant for the offence under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as the Act ).

( 3 ) SURENDRA Madhavrao Nighojkar - respondent No. 1 filed a petition of complaint in the Court of Chief Judicial Magistrate, Satara on 2-9-1996 for prosecution of the appellant under Section 138 of the Act besides Section 420 of the Penal Code which was registered as Criminal Case No. 11348/96. Case of the complainant in short, is that on 4-7-1993 an agreement to sell was executed by the complainant for sale of his 1/3rd share in C. T. S. No. 189 within Pratapganj Peth in the district of Satara for Rs. 2,21,000. 00 and the said sale was required to be executed in the name of mother and wife of the appellant. At the time of agreement, Rs. 50,000. 00 was paid by the accused to the complainant. There