1 wp2168.10.sxw ast IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2168 OF 2010 Bhimrao Dhareppa Pandhare ....Petitioner Vs. The Transport Commissioner and ors. ....Respondents Mr. R.G.Panchal and Mr. A.R.Metkari for petitioner. Mr. D.P.Adsule, APP for State. CORAM:­ A.M.KHANWILKAR AND U.D.SALVI, JJ. DATED:­ SEPTEMBER 8, 2010. P.C. 1. By this Writ Petition, it is prayed that the Respondent No.3 be directed to return the 10 Bankers cheques at Exh. 81 to 90 to the Petitioners in terms of the Judgment of the Chief Judicial Magistrate, Solapur dated 4th April, 2009 in Regular Criminal Case No.71 of 2005. The said 10 Bankers cheques have been made over to the Respondent No.3 after appeal period was over. However, it is noticed from the communication at page 122 Exh.G to the Petition that appeal has already been filed against the decision of the Chief Judicial Magistrate, which is pending before the District Court at Solapur. Indeed, there is delay in filing of the appeal. However, as the grievance made in this Petition overlaps 2 wp2168.10.sxw with the issues that may have to be decided in appeal, in our opinion, the Petitioner may be well advised to approach the Appellate Court in the pending proceedings and ask for a relief of return of the subject cheques, if so advised. The Appellate Court will decide the said proceedings on its own merits in accordance with law. Petition disposed of accordingly (U.D.SALVI, J.) (A.M.KHANWILKAR, J.)