Court dismissed a writ petition challenging the issue of process in a cheque dishonour case, holding that the proper remedy is a revision before the Sessions Court.
Petition dismissed; trial adjourned for 2 weeks; liberty to file revision before Sessions Court.
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FARAD CONTINUATION SHEET NO.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE SIDE
CRIMINAL WRIT PETITION NO.109 OF 2006
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Office Notes, Office Court’s or Judge’s orders
Memoranda of Coram
appearances, Court’s orders
or directions and
Registrar’s orders
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Mr.Jehangir Khajotia for the
petitioner
Mrs.G.P.Mulekar APP for the State.
Coram : R.S.Mohite,J
Date : 1.2.2006.
PC
1. This is a petition challenging
issue of process in the case under
Section 138 of N.I. Act. The proper
remedy is to file a revision before the
Sessions Court. With liberty to file a
revision before the Sessions Court,
petition stands dismissed. Trial may
not be proceeded for a period of 2
weeks.
(R.S.Mohite,J)
1 issue framed by the court
Whether a writ petition is the proper remedy to challenge the issue of process in a case under Section 138 of the N.I. Act.
Petitioner
State
R.S.Mohite
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court