IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION. CRIMINAL WRIT PETITION NO.1117 OF 2008 ----------------------------------------------------------------- Office notes, office memoranda of Coram, appearances, Court’s Court’s or Judge’s orders. orders or directions and Registrar’s orders. ----------------------------------------------------------------- Mr.Prashant P. Jadhav for the petitioner. Mr.D.P.Adsule, A.P.P for the State. CORAM CORAM CORAM : A.S.OKA, J. : A.S.OKA, J. : A.S.OKA, J. DATE : 05th September 2008. P.C.: . Heard advocate for the petitioner. The petitioner was arraigned as an accused in complaint filed by the 1st respondent under section 138 of the Negotiable Instruments Act, 1881. By the judgment and order dated 30th January 2008, the learned Magistrate has convicted the petitioner. The challenge in this petition is to the judgment and order by which the petitioner has been convicted. This petition has been filed under Article 226 and 227 of the Constitution of India. It is an admitted position that the petitioner has already filed an appeal under section 374 of the Code of Criminal Procedure, 1973 for challenging the impugned judgment and order of conviction. This petition has been filed on the ground that the petitioner has been acquitted for similar offence : 2 : in another case filed by the 1st respondent arising from the same transaction. 2. The substantive appeal against conviction is pending. The contentions which are raised by the petitioner in this petition can be always raised in the pending appeal. As the petitioner has availed of statutory remedy of preferring appeal, this petition is not entertained. The petition is rejected. All contentions of the petitioner are kept open. (A.S.Oka, J)