1 (crwp 2754/10, 2755/10 & 2756/10) IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.2754 OF 2010 Kanhaiyalal Damani ..... Petitioner. v/s The State of Maharashtra and another. ..... Respondents. Mr. Ashok Kumar R. Upadhyay for the Petitioner. Mr. A.S. Shitole, APP for the State. Mr. Yashpal Tahkur i/b Paras Kuhad & Associates for Respondent No.2. ALONGWITH CRIMINAL WRIT PETITION NO.2755 OF 2010 Mr. Vinod J. Sarda .... Petitioner. V/s The State of Maharashtra & 7 others ..... Respondents. Mr. Ashok Kumar R. Upadhyay for the Petitioner. Mr. P.S. Hingorani, APP for the State. Mr. Yashpal Tahkur i/b Paras Kuhad & Associates for Respondent No.2. ALONGWITH CRIMINAL WRIT PETITION NO.2756 OF 2010 2 (crwp 2754/10, 2755/10 & 2756/10) Mr. Jitesh Kumar Rander .... Petitioner. V/s The State of Maharashtra & 7 others ..... Respondents. Mr. Ashok Kumar R. Upadhyay for the Petitioner. Mr. A.S. Shitole, APP for the State. Mr. Yashpal Tahkur i/b Paras Kuhad & Associates for Respondent No.2. Mentioned, not on board: CORAM: V. M. KANADE, J. DATE : 23rd September, 2010 P.C.:- 1. Heard the learned Counsel for the Petitioners and the learned Counsel for Respondent No.2. 2. Petitioners are challenging the order of issuance of process passed by the learned Metropolitan Magistrate’s 12th Court at Bandra, Mumbai. 3. The learned Counsel appearing on behalf of the Petitioners submitted that the Petitioners had retired before issuance of cheques and, therefore, they cannot be prosecuted under the provisions of section 138 of the Negotiable Instruments Act. On the other hand, the learned 3 (crwp 2754/10, 2755/10 & 2756/10) Counsel appearing on behalf of Respondent No.2 submitted that plea has already been recorded and they are disputing the fact of resignation of the Petitioners. This being the position, it is not possible to entertain the Petitions filed by the Petitioners, particularly because the plea of the Petitioners/accused has been recorded. 4. However, Petitioners are granted exemption from appearing in the Trial Court. Their statements under section 313 may be recorded through their advocate subject to the Petitioners giving an undertaking that they shall not dispute the correctness of the answers given to the questions by their advocate. Hearing of the criminal case is expedited. 5. Writ Petitions are disposed of in the aforesaid terms. (V.M. KANADE, J.) 4 (crwp 2754/10, 2755/10 & 2756/10)