IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1371 OF 2009 Mr. Jaydev Kotak ...Applicant Vs. The State of Maharashtra ... Respondent --- Shri Shri M.K. Kocharekar i/b. Rajeev Sawant & Associates for Applicant Mrs. M.H. Mhatre, APP for State ---- CORAM: V.M. KANADE J. DATED 25TH MARCH, 2009 P.C. 1. This is an application for transit bail. 2. The Applicant apprehends arrest on account of non-bailable warrant issued in C.C. No.3210 of 2008 by the Judicial Magistrate, First Class, Patiyala House Court, New Delhi. 3. It is submitted that a complaint under section 138 of the Negotiable Instruments Act has been filed in the said Court and the learned Magistrate was pleased to issue a non-bailable warrant against the Applicant. It is submitted that the said warrant was sent to Dindoshi Police Station for execution. It is submitted that the Applicant is 60 years of age and subject to his ailment he may be given transit protection to approach the appropriate Court. It is submitted that he shall take out an appropriate proceeding before the appropriate Court in the New Delhi and a limited protection may be granted to the Applicant. 4. Since non-bailable warrant has been issued pursuant to an order passed by the learned Magistrate in New Delhi, the present application is not maintainable under section 438 of the Criminal Procedure Code. However, the limited protection can be granted to the Applicant in order to approach the appropriate Court in New Delhi. The Respondent, therefore, shall not be arrested in connection with the said offence for a period of four weeks in order to enable him to move the appropriate Court in New Delhi for cancellation of warrant which has been issued against him. 5. Application is, accordingly, allowed and disposed of. V.M. KANADE J.