[-1-] IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL W.P.NO.2113 OF 2008 Mr.Suresh T.Kilachand ..Petitioner Vs. State of Maharashtra & Anr. ..Respondents ... Mr.Nitin Pradhan Senior Counsel along with Ms.Jyoti Singh, Mr.Rajeev Panday and Avinash Singh Gautama i/b Dhir & Dhir Associates for Petitioner Ms.A.S.Mane A.P.P. for the State Mr.A.S.Khandeparkar Adv. for Respondent no.2 ... CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. DATE : OCTOBER 8, 2008 DATE : OCTOBER 8, 2008 DATE : OCTOBER 8, 2008 P.C. P.C. P.C. 1. Heard the learned counsel for the petitioner-original accused, learned counsel for the respondent-original complainant and the learned A.P.P. for the State. Rule. By consent, rule is made returnable forthwith. 2. The petitioner is facing prosecution in a case under section 138 of the Negotiable Instruments Act. The said case is numbered as Case No.3/SS/2006 and it is pending before the learned Metropolitan Magistrate, 3rd Court at Esplanade Mumbai. In the said case, on 19.9.2008 the [-2-] petitioner preferred application for exemption from personal appearance on the said date. The said application came to be rejected and non-bailable warrant came to be issued against the petitioner. Being aggrieved thereby, this petition has been preferred. 3. The case of the petitioner is that on that day, he was suffering from various ailments and he had been hospitalised just prior to that day and on the advice of the Doctor, he could not attend the Court on 19.9.2008, hence, application came to be preferred for exemption from personal appearance. The learned counsel for the respondent no.2 has stated that there is no objection to non-bailable warrant being set aside, however, on the next date i.e. on 20.10.2008, the petitioner should remain before the Court or the application preferred by the petitioner under section 284 of Cr.P.C. be decided. 4. In view of the above facts, non-bailable warrant issued against the petitioner by order dated 19.9.2008 is set aside. The petitioner to remain present before the trial Court on [-3-] 20.10.2008. If the petitioner does not remain present on 20.10.2008, the trial Court to decide the application preferred by the petitioner under section 284 of Cr.P.C. by 15.11.2008. 5. Petition is disposed of. Rule made absolute accordingly. [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.]