JUDGMENT

1. The Petitioner has challenged the order dated 15.01.2005 passed by the learned Additional Sessions Judge, Greater Mumbai, in Criminal Revision Application No.152 of 2003.

The petitioner is the original complainant in Criminal Case No.1168/S/2001 before the court of the Metropolitan Magistrate, 33rd Court, Ballard Pier, Mumbai. The Respondent Nos.1 to 5 are 2 of 15 205-WP-777-05 (J) the original accused before the learned Magistrate in these proceedings. The complaint was filed U/s.138 r/w. 141 of the Negotiable Instruments Act (hereinafter referred to as 'N.I.Act').

2. The accused preferred an application for recalling of the process and discharging them from the case before the learned Magistrate. The learned Magistrate rejected that application. The accused thereafter preferred Criminal Revision application before the Additional Sessions Judge, Greater Mumbai which was allowed by the impugned order thereby discharging the accused from the said case. The complainant/petitioner being aggrieved by that order has preferred the present writ petition.

3. Heard Mr. Anilkumar Patil, learned counsel for the Petitioner, Mr. Rishi Bhuta, learned counsel for the Respondent Nos.1 to 5