SSK/922 1 WP/3446.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 3446 OF 2011 M/s. Hitechi Jewellary Industries & anr. ....Petitioners Versus M/s. Auro Laboratories Ltd. & Anr. ...Respondents Mr. Shailesh Kumar, advocate for the petitioners. Mr. D. P. Adsule, APP for the State. CORAM : RANJIT MORE, J. DATED : 1st DECEMBER, 2011. P.C.: Heard learned counsel for the petitioners and learned APP for respondent no.2. 2. The petitioners are facing charge under Section 138 read with Section 141 of the Negotiable Instruments Act, 1881. The petitioners application under Section 311 of the Cr.P.C. was rejected by the Magistrate. The petitioners approached the appellate court and the appellate court by Order dated 20th October, 2011 allowed the petitioners’ above said application, however, subject to payment of cost of Rs.25,000/- to respondent no.1. Being aggrieved by the part of order regarding payment of cost only, the petitioners filed this petition. SSK/922 2 WP/3446.11 3. I have gone through the impugned order. Paras 17 & 18 of the impugned order contains reasons for grant of cost to respondent no.1, and therefore, I am not inclined to interfere with the impugned order in writ jurisdiction of this Court conferred under Article 227 of the Constitution of India. 4. Under the impugned order, the petitioners and their Advocate were directed to remain present in the trial court on 14th November, 2011 for further cross examination and payment of cost was made condition precedent for further cross examination. The petitioners have not deposited the said cost. Instead, they approached this Court under Article 227 of the Constitution of India. Learned counsel for the petitioners states that the petitioners along with their advocate shall remain present before the trial court on 9th December, 2011 for further cross-examination. The statement is accepted. In view of the statement, time to deposit the amount of cost is extended till 9th December, 2011. 5. The writ petition is, accordingly, dismissed. (RANJIT MORE, J.)