Advocates:
['SHRI AMIT B BORKAR', 'SHRI S R MITHARE', '', 'R NO SERVED']

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPLICATION NO. 5499 OF 2004

Shri Babasaheb Anna Patil

...

Applicant

V/s

1 Sou Shantmati Pasgonda Patil

& Anr.

...

Respondents

Mr. V.V. Purwant for applicant

Mr. S.V. Marwadi for respondent No.1

Mr. A.S. Shitole, APP for the State

Coram : V.M. Kanade, J.

Dated : 01/04/2005.

P.C. :-

.

I have heard learned counsel for the applicant,

respondent No.1 and APP for the State.

.

The applicant is challenged the order of issuance

of the process passed by the trial court on the complaint

filed by the respondent No.1 under section 138 of

Negotiable Instruments Act. The ground raised by the

applicant in this application is that the complaint does

not disclose that statutory notice was issued and served on

the respondents. It is further submitted on behalf of the

applicant that the date of issuance of notice is not

mentioned in the complaint. It therefore, submitted that in

the absence of any averments regarding issuance of

statutory notice, the process is liable to be quashed and

recalled. In support of submission, he relies upon the

judgment of the Supreme