rpa

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPLICATION NO. 59 OF 2008

CRIMINAL APPLICATION NO. 59 OF 2008

CRIMINAL APPLICATION NO. 59 OF 2008

Piyush P.Shah & Ors. .. Applicants

V/s.

State of Maharashtra & Anr. .. Respondents.

Mrs.Mallika Ingale for the Applicants.

Mr.J.P.Yagnik - A.P.P.

CORAM : A.P.DESHPANDE, J.

CORAM : A.P.DESHPANDE, J.

CORAM : A.P.DESHPANDE, J.

DATE : 14TH FEBRUARY,2008.

DATE : 14TH FEBRUARY,2008.

DATE : 14TH FEBRUARY,2008.

P.C.:-

P.C.:-

P.C.:-

. The present Applicants are original Accused

against whom a Complaint has been filed under section

138 read with section 141 of Negotiable Instument Act

by the Respondent No.1. An order of issue of process

came to be passed by the Magistrate and agrieved by the

same, straightway the Criminal Application under

section 482 has been filed before this court without

taking recourse to the alternative remedy that was

available to the present Applicants in the form of

revision before the Sessions Court. As there exists an

alternative remedy with form of revision, I decline to

2

entertain this application. The application thus

stands summarily dismissed. It is made clear that it

shall be open to the Applicants to file appropriate

revision before the Sessions Judge. At this stage, the

learned counsel expressed his apprehension with regard

to the bar of limitation for filing of the revision.

On an appropriate application being moved before the

Sessions Judge, the time spent for prosecuting the

proceeding before the review in this court, the same

shall be condoned. Application is disposed of.

(A.P.DESHPANDE,J.)

(A.P.DESHPANDE,J.)

(A.P.DESHPANDE,J.)