IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 1118 OF 2007 Mardia Copper Products Ltd. & Ors. ...... ......Petitioners V/s State of Maharashtra & Anr. ..... ...... ...Respondents. Mr.S.V.Marwadi, i/by Mr.Anil Agarwal, Adv. For the petitioners. Mr.S.S.Ghosh i/by M/s.Paras Kuhad & Associates, Adv. For the respondent No.2. Mr.D.R.More, APP for the State. CORAM: A.P.DESHPANDE, J. 22/1/08 PC: In a case under section 138 of the Negotiable Instruments Act the complainant-company proposed to examine one Dhananjaykumar Varma as it witness and hence his affidavit of examination in chief was tendered. The present petitioner objected and moved an application under section 145 (2) contending that the witness who has filed the affidavit need to depose in relation to examination in chief and filing of affidavit would not by itself tantamount to examination in chief. The trial Court rejected the said prayer and hence present writ petition came to be filed. The original complainant who is respondent No.2 herein has put in appearance. Learned counsel for respondent No.2 submits that respondent No.2 does not propose to examine the said witness Dhananjaykumar Varma on behalf of the Company as he ceases to 1 be in the employment of the Company having left the job. Learned counsel for respondent No.2 further submits that respondent No.2 proposes to file application for substitution in the trial Court. In view of the said statement writ petition is rendered infructuous and is disposed of as such. Having regard to the fact that the complaint is of the year 1997 I direct the trial Court to expeditiously proceed with the trial and dispose of the same as expeditiously as possible. 22.1.08 2