S.C. Dharmadhikari, J.

1. In this Writ Petition, a Division Bench of this Court extensively heard the parties and delivered a judgment on 05.11.2012 holding that the prayer clause (b) of the Writ Petition cannot be granted. The prayer clause (b) reads as under:

“(b) that this Hon'ble Court be pleased to declare that subsections (b) and (c) of Section 376 of the Code of Criminal Procedure, 1973 are unconstitutional and/or ultra vires Part III of the Constitution of India.”

2. The Division Bench clarified that as far as other prayers are concerned, the Petition may be placed for hearing. Hence, Rule. Respondents waive service. By consent, Rule made returnable forthwith.

3. We have heard Mr. Kumbhakoni, learned counsel appearing for the Petitioners and Mr.Farhan Khan, learned counsel appearing for the Respondent No.2/ original Complainant. 4 The Petitioners were arraigned as accused in a complaint filed by the Respondent No.2 alleging offences punishable under Section 138 r/w 141 of the Negotiable Instruments Act, 1881. The complaint was based on dishonour of two cheques of the aggregate amount of Rs.14,35,000/-. The learned Metropolitan Magistrate convicted the Petitioners by