vss 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 WRIT PETITION NO.2680 OF 2008 WRIT PETITION NO.2680 OF 2008 WRIT PETITION NO.2680 OF 2008 Dilip Bhure ... Petitioner V/s. State of Maharashtra & Anr. ... Respondents Mr.S.V. Marwadi i/b P.J. Karani for Petitioner Ms.P.P. Shinde, APP, for Respondent State Mr.E.A. Menezes for Respondent No.2 CORAM: A.R. JOSHI, J. A.R. JOSHI, J. A.R. JOSHI, J. DATED: APRIL 1, 2009 APRIL 1, 2009 APRIL 1, 2009 P.C.: P.C.: P.C.: . This writ petition is preferred by the petitioner original accused challenging the order dated 7.4.1008 passed by the JMFC rejecting the request made by the petitioner accused in his application u/s 145(2) of the Negotiable Instruments Act. The accused was undergoing the case u/s 138 of the Negotiable Instruments Act for dishonour of cheque for the amount of Rs.16,00,000/-. Heard rival submissions at length. It is submitted by the learned counsel Shri Marwadi appearing for the Petitioner that the import of section 145(2) is required to be taken into consideration and a reasonable opportunity should have been given to the accused to allow him to have the examination in chief of the original complainant before the trial Court, this is moreso in order to facilitate the learned trial Magistrate to see the demeanour of the witness. It is secondly argued that the issue as to under which circumstances and how far the provisions u/s 145(2) can be put in practice, is seized by the Apex Court and a : 2 : decision is awaited. It is argued that various such similar matters challenging the rejection of the application u/s 145(2) are stayed or put in abeyance till the decision of the apex Court. Though it might be so, there is no embargo for deciding the said issue and to pass appropriate orders. Needless to mention that if any relief can be achieved by the parties by the decision of the apex Court, such appropriate steps can again be taken before the trial Magistrate. However, for that ground, this Court do not find it just and proper to keep the matter lingering. Needless to mention that the provisions of section 138 and alike sections of Negotiable Instruments Act envisage speedy trial and in fact day to day trial is contemplated u/s 143 of the Act. 2. Under the writ jurisdiction and under the powers under section 482 of the Criminal Procedure Code, this Court does not deem it fit to interfere with the impugned order of the learned JMFC rejecting the application of the petitioner. In these circumstances, there is nothing in the present writ petition so as to grant any relief in favour of the petitioner and hence, the same is disposed of as dismissed. Interim orders, if any, shall stand vacated. : 3 : (A.R. JOSHI, J.)