Chandan Talreja v. Sanjay Vazirani Thorugh His Constituted Attorney Krishnakant Sk Gour And ANR

p-2 apl 1195-15.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1195 OF 2015 Chandan Talreja ..Applicant v/s.

Sanjay Vazirani & Anr.

..Respondents Mr. Sahil Mahajan for the Applicant Mr. J.H.Ramugade , APP for the Respondent-State. Not on board. On production, taken on board. CORAM : SMT. ANUJA PRABHUDESSAI, J.

DATED : FEBRUARY 11, 2016.

P.C.

1.

This is an application filed under Section 482 of Cr.P.C. challenging the issuance of process in C.C.No. 1422/SS/2015 pending on the file of the Metropolitan Magistrate's 30th Court, Kurla, Mumbai for offence under Section 138 of the Negotiable Instruments Act.

2.

Heard the learned Counsel for the applicant. The records reveal that the process was issued on 10.11.2014. The substance of pps

p-2 apl 1195-15.doc accusation has been explained and the trial has already commenced. The applicant has approached this court after considerable delay. Since the trial has already commenced and since the points raised by the applicant in this application can be raised before the trial court, and the same can be considered on merits, I am not inclined to exercise the powers under Section 482 of Cr.P.C. at this stage. Hence, the application is dismissed.

(ANUJA PRABHUDESSAI, J.) pps