1 54.wp.704.11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY ata CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.704 OF 2011 M/s. Neeraj Cement Structurals Pvt Ltd and Ors .. Petitioners Vs. M/s Bombay J. C. B. Earth Movers and Ors .. Respondents Mr. Nilesh Masurkar i/b Tejas Deshpande,for the Petitioner. Mr. Pankaj Vijayan i/by M./s Intra Legal, for the Respondent No.1 Mr.M. M. Deshmukh, APP for State. CORAM : K.U.CHANDIWAL,J. DATE : 24.08.2011 P.C.: Heard. Inordinate delay of 113 days sought to be excused before the Learned Additional Sessions Judge, and to challenge to issuance of process in terms of Section 138 of Negotiable Instruments Act, led the present writ petition. 2 Having gone through the order of process and order of the Learned Sessions Judge, as also the contents of the application, I find the original accused/petitioner has miserably failed to establish that he was sufficiently prevented from prosecuting the challenge to issuance of process in terms of Section 138 of Negotiable Instruments Act. The record otherwise reveals 2 54.wp.704.11.sxw against the Petitioner or suggests he has protracted proceeding. The Writ Petition lacks merit. Dismissed. ( K.U.CHANDIWAL, J. )