Shrihari P. Davare, J.—Heard learned Counsel for the parties.

2. Rule. Rule made returnable forthwith. With the consent of learned counsel for parties, taken up for final hearing.

3. By the present petition filed by the petitioner (original accused) under Article 227 of the Constitution of India, has prayed that the impugned order dated 7.1.2011, in Criminal Revision No.114 of 2010; passed by the learned Additional Sessions Judge, Latur, confirming the order passed, by the learned Judicial Magistrate (First Class), 5th Court, Latur, below Ex.48 in S.T.C.C. No. 1734/2009, dated 11.6.2010, be quashed and set aside, and the application filed by the petitioner hereinbelow Exhibit 48, be allowed.

4. Parties hereinafter are referred to as per their original status i.e., accused and complainant.

Factual Matrix

5. The petitioner herein is the original accused and the respondent No. 1 herein is the original complainant who filed complaint against the petitioner under Section 138 of the Negotiable Instruments Act, 1881, bearing S.T.C.C. No.1734/2009, which is pending before the learned Judicial Magistrate (FC), 3rd Court, Latur. It is alleged in the said complaint, that the complainant and