V.R. Kingaokar, J. —This is an application filed by the original accused. They challenged legality and correctness of orders passed by learned Judicial Magistrate, First Class, Aurangabad and learned IVth Additional Sessions Judge, Aurangabad in S.C.C. 2888/2001 and Criminal Revision Petition No. 76/2003. They seek quashing of the orders of issuing process and denying discharge from the criminal case.

2. The applicants allege that the proceedings of Criminal Case (S.C.C. No. 2888/2001) are liable to be quashed inasmuch as the same amounts to abuse of process of law.

3. Background facts may be summarised as follows:

The respondent No.1 Sk. Tamisuddin claims himself to be Special Power of Attorney of deceased Sairabi. He alleges that on 20.6.2001 the applicant issued a cheque for amount of Rs.1,00,000 (Rupees one lac) towards part payment of agreed amount payable to Sairabi for her share in an immovable property. The cheque was presented for encashment in the concerned Bank. However, it was dishonoured. A demand notice was issued by the respondent No.1 which drew blank. He therefore, lodged the complaint before the learned Judicial Magistrate, First Class, Aurangabad, on 8