1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL WRIT PETITION NO.804 OF 2009 Mr.Ambrish Sharma : Petitioner/ Accused 3 V/s. M/s.Mahindra & Mahindra Ltd. & Anr. : Respondents ... Mr.Jahangir Khajotia for the petitioner. Mr.Jayant H. Pol for respondent no.1. Ms M.H.Mhatre, Addl. Public Prosecutor for the State. ... CORAM : S.A. BOBDE, J. DATE : AUGUST 07, 2009. P.C.: 1. The petitioner has challenged the issue of process under section 138 of the Negotiable Instruments Act, 1881 dated 7.1.2005 by this petition dated 13.3.2009 under section 482 of the Code of Criminal Procedure. 2. Mr.Khajotia, the learned counsel for the petitioner, submits that there are no averments explaining the inordinate delay in approaching this Court. According to the learned counsel for the respondent no.1, the 2 relief under section 482 of the Cr.P.C. cannot be claimed as of right and is a discretionary relief. He, therefore, prays for dismissal of the application on this ground. 3. Having heard the learned counsel for both the sides, it appears that there is no justification whatsoever offered by the petitioner in not approaching this Court for a period of about four years after the process was issued. The trial is under-way and it would not be a proper exercise of discretion to interfere at this stage. The principles for invoking a discretionary remedy under section 482 of the Cr.P.C. are not different from those governing the exercise of discretion in other jurisdictions of this Court. In the absence of any explanation for the delay, I decline to exercise the jurisdiction under section 482 of the Cr.P.C. 4. The Writ Petition is rejected. S.A. BOBDE, J.