1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.704 OF 2010 Girish M. Morakiya .... Petitioner. V/s Samir Prafulchhand & Anr. .... Respondents. Mr. Ashutosh Khandeparkar for the Petitioner. Mr. Merchant H. Dave for Respondent No.1. Mrs. P.P. Bhosale, APP for the State. CORAM: V. M. KANADE, J. DATE : 28TH JUNE, 2010 P.C.:- 1. Heard the learned Counsel for the Petitioner and the learned Counsel for Respondent No.1. 2 Petitioner is aggrieved by the observation made by the learned Metropolitan Magistrate, 14th Court at Girgaon in his order dated 20/1/2010. It is submitted that in the last paragraph of the said order the learned Magistrate has observed that the accused i.e Petitioner herein has not denied issuing cheques in question. It is submitted that, in fact, the Petitioner in fact has very much denied issuing of said cheques to the complainant. Since this is the only objection raised by the Petitioner and as submitted by the learned Counsel for Respondent No.1, cross-examination of 2 witnesses is almost over, in my view, at this stage, it is not necessary to interfere with the said order. However, it is clarified that the Trial Court shall not be influenced by the said observation made by it in the last paragraph of the said order. It is also clarified that the accused i.e Petitioner herein has denied issuing of subject matter cheques in question. All questions are kept open. Trial Court shall decide the case expeditiously. 3. Writ Petition is accordingly disposed of. (V.M. KANADE, J.) 3