IN THE HIGH COURT OF BOMBAY AT GOA CRIMINAL WRIT PETITION NO. 4 OF 2009 SHRI NIMESH K. MUNSHI ... Petitioner Versus SHRI PRABHAKAR BHANDARI ... Respondent Shri V. P. Thali, Advocate for the Petitioner. Shri M. B. Da Costa, Senior Advocate with Shri J. A. Lobo, Advocate for the Respondent. Coram:- N. A. BRITTO, J. Date:- 27th February, 2009 P.C.:- Heard learned Counsel on behalf of the Petitioner and learned Senior Counsel on behalf of the Respondent. The Petitioner herein is an accused who is facing trial before the learned J.M.F.C., Sanguem for an offence punishable under Section 138 of the Negotiable Instruments Act, 1881. An application for exemption filed by him came to be rejected by Order dated 17-11-2008. In rejecting the said application, the learned trial Court referred to the case of Bhaskar Singh v. State of Maharashtra(2004(4) Mh.L.J. 1115) and held that as the Accused had not given an undertaking as required therein that he would not dispute his identity or his particulars. The revision filed against that order came to be dismissed by the Additional Sessions Judge, Margao. Without going to the merits of the order of the learned Additional Sessions Judge whether a revision would be maintainable or not, the learned Counsel appearing on behalf of the Petitioner/Accused states that in fact an undertaking was prepared to be filed on behalf of the Accused and was in fact filed in another case but due to oversight was not filed in this case. Learned Counsel also points out that even in the application filed for permanent exemption the Accused had stated that he was prepared to file an undertaking. Learned Counsel appearing on behalf of the Petitioner/Accused assures the Court that the Accused will personally remain present before the learned trial Court and file an undertaking in terms of the Judgment of the Apex Court in the case of Bhaskar Industries Ltd. v. Bhiwani Denim & Apparels Ltd.and others((2001) 7 SCC 401). On such an application being filed the learned trial Court is directed to dispose off the same in accordance with law. Learned Senior Counsel further submits that the Advocate appearing for the Accused will ensure that the Advocate will not remain absent whenever the case is fixed for hearing. With the above observations the petition is disposed off. N. A. BRITTO, J. RD.