Abhay S. Oka, J.— This petition has been assigned to this Court by order dated 27th June 2005 passed by the Hon’ble the Chief Justice. On 6th July 2005 by consent of the learned Counsel appearing for the Petitioner and the Respondent No. 1 appearing in person, this petition was taken up for final hearing. Thereafter I have heard learned Counsel appearing for the Petitioner and the Respondent No. 1 in person. I have perused two separate written submissions filed by the Respondent No. 1 appearing in person. Though today the petition is fixed for dictation of judgment. I have the submissions made by the Respondent No. 1 appearing in person for few minutes.

2.This is a petition filed under Article 227 of the Constitution of India and Section 482 of the Code of Criminal Procedure, 1973. The petition arises out of a complaint filed by the Respondent No. 1 against the Petitioner under the provisions of Section 138 of the Negotiable Instruments Act, 1881. The prayer in the petition is for quashing and setting aside order passed by the learned Judicial Magistrate First Class, Court No. 5. Pune, below Exh. 1 in a complaint filed by the Respondent No. 1 by which the learned Judge directed