1 acd IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE SIDE JURISDICTION CRIMINAL WRIT PETITION NO. 225 OF 2009 Manmohan Talwar & Ors.. ..Petitioners. Vs. The State of Maharashtra & Ors. ..Respondents. --- Mr. Rishi Bhuta, for the Petitioner. Mrs. U.V. Kejriwal, APP for the State. Mr. Kiran J. Kandpile, and Mr. A.S. Gadkari, for Respondent no.2. --- CORAM: V.R. KINGAONKAR, J. DATED: 24 TH SEPTEMBER 2009 P.C.: 1. Heard. The Petitioners have been charge sheeted for committing offence under section- 420 read with section-120(B) Indian Indian Penal Code that the charge is already framed. The averments in the petition could show that the Petitioners preferred an application for discharge in the criminal case pending on file of the learned Metropolitan Magistrate’s court. The said application was filed in the month of November 2005. It appears that in the month of August 2007, the learned Metropolitan Magistrate held that prima facie case is made out. 1 2 2. The Petitioners have neither filed on record a copy of the order rendered by the learned Metropolitan Magistrate, nor they have availed the remedy of filing a revision petition against the impugned order of the learned Metropolitan Magistrate. The Writ Petition is filed in 2009 after a considerable delay. The contention of the Petitioners is that the payment was withdrawn by them under wrong impression and due to error. They also expressed intention to refund the amount with all other incidental charges and penalty. They would submit that there was no misrepresentation. That “will be decided after the trial in as much as a question depends on the state of mind of the accused. 3. The Petition suffers from delay and latches and also involves disputed questions of facts regarding absence or presence of the misrepresentation. The Petition is dismissed. 4. Petitioners, however, may seek expeditious disposal of the criminal case and learned Metropolitan Magistrate is directed to expeditiously decide the criminal case against them by giving due priority and within a period of one year as far as possible. [ V.R. KINGAONKAR, J ] 2