IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION No. 3501 OF 2008 Aziz Lokhandwala. .. Applicant. Vs. The State of Maharashtra & Ors. .. Respondents. Mr P.M. Pradhan i/b Shri R. Satyanarayanan, Advocate for the Applicant. Ms A.A.Mane, A.P.P. for the State. Mr Vaibhav Sugdare & Ms Namrata Jayakar i/b M/s Jayakars. CORAM : A.R. JOSHI,J. CORAM : A.R. JOSHI,J. CORAM : A.R. JOSHI,J. DATED : 26th March,2009. DATED : 26th March,2009. DATED : 26th March,2009. P.C.:- P.C.:- P.C.:- 1. Heard the learned counsel for the parties. 2. It is the application filed by the applicant (original accused No.2) for setting aside the order dated 19.9.2008 passed by the learned Metropolitan Magistrate in Case No. 5897/SS/2007 issuing non bailable warrant against him and forfeiting his bail bonds. The case pending against the applicant is under Section 138 of the Negotiable Instruments Act, 1881. 3. Today, the learned counsel for the applicant Mr P.M. Pradhan submitted that even after filing of the present application, the applicant was appearing before the trial Magistrate on various dates. This must have been presumably on the factual position that he obtained stay for his arrest from this Court. Only because of such stay on the ground of challenge to the non bailable warrant the matter before the trial Magistrate was prolonged for more than six months. In view of this, in fact such pendency on various stages, grounds of challenging some interlocutory orders, is frustrating the very purpose of the Negotiable Instruments Act and which is not contemplated by law makers. 4. In order to put an end to this matter, it is directed that the applicant (original accused no.2) shall appear before the trial Magistrate on the adjourned date with proper application for cancellation of the pending non bailable warrant and that application shall be decided by the concerned Magistrate on its own merits according to the provisions of law. Needless to mention that the applicant shall not be arrested till that date on the basis of impugned non bailable warrant. With this direction the present application is disposed of. (A.R.JOSHI,J.) (A.R.JOSHI,J.) (A.R.JOSHI,J.)