Motel Lav And Kush And ANR v. Dyneshwar Ramchandra Boddu And ANR

34-CRIWP467-2026.DOC Santosh

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 467 OF 2026 Motel Lav And Kush And Anr

...Petitioner

Versus

Dyneshwar Ramchandra Boddu And Anr.

...Respondents

SANTOSH SUBHASH KULKARNI Ms. Rachana Harpale, h/f Mr. Nitin P. Deshpande, for the Petitioner.

Dr. Ramdas Sabban, a/w Mr. Shrikant Kompelli and Mr. Rohit Chitiken, for the Respondent No.1.

Mr. A. R, Metkari, APP for the State - Respondent No.2. SANTOSH SUBHASH KULKARNI Date: 2026.02.21 13:29:36 +0530

CORAM:

N. J. JAMADAR, J.

DATED:

20th FEBRUARY, 2026 PC:- 1.

Heard the learned Counsel for the petitioner. 2.

The challenge in this petition is to a judgment and order dated 3rd November, 2025, whereby the criminal revision application preferred by the petitioner against an order passed by the learned Magistrate on an application for discharge of the petitioner, came to be rejected.

3.

By the said order dated 11th June, 2025, the learned Magistrate has rejected the application for discharge of the petitioners from complaint CC/23648/2018 for an offence 1/2

34-CRIWP467-2026.DOC punishable under Section 138 read with Section 141 of the Negotiable Instruments Act, 1881.

4.

In view of the settled position in law that, in a private complaint, an accused cannot seek discharge, the learned Magistrate was justified in rejecting the application for discharge. In exercise of the revisional jurisdiction, the leaned Additional Sessions Judge committed no error in declining to interfere with the order passed by the learned Magistrate. 5.

Resultantly, the petition, being devoid of substance, stands dismissed.

[N. J. JAMADAR, J.] 2/2