WP.2331-10 - 1 - VPH IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION No.2331 OF 2010 Mr. William John Fernandes ...Petitioner Vs. Mr. Sohan Singh Dhami & Anr. ...Respondents *** Mr. K. K. George, for the Petitioner. Mr. P. S. Hingorani, APP for the Respondent-State. *** CORAM: V. M. KANADE J. DATE : AUGUST 23, 2010 P.C. 1. Heard the learned counsel for the petitioner. By this petition, petitioner is challenging order of issuance of process passed by the learned Magistrate for the offence punishable under S. 138 of the Negotiable Instruments Act. 2. It is submitted that the cheques given as a security, were illegally used by the complainant by depositing the same in the bank which were subsequently dishonoured. It is not possible to accept this WP.2331-10 - 2 - submission at this stage since this question will have to be decided by the trial Court after evidence is led by both the parties. Hence, it will not be possible to interfere with the order of issuance of process passed by the learned Magistrate. The writ petition is therefore, dismissed. However, it is made clear that all contentions raised by the petitioner in this petition are kept open and the same can be raised by him during the trial. The petitioner can apply for exemption in the trial Court. If such an application is made by the petitioner, the trial Court shall decide the same on merits and in accordance with law. [ V. M. KANADE J.]