IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.05 OF 2007 HDFC Bank Ltd. .. Petitioner Vs. The State of Maharashtra & Ors. .. Respondents Mr.Mihir Mody i/by M/s.K.Ashar & Co for the petitioner. Mr.D.P.Adsule, A.P.P for the State. CORAM CORAM CORAM : A.S.OKA, J. : A.S.OKA, J. : A.S.OKA, J. DATE : 28th July 2008. P.C.: . Heard advocate for the petitioner. The petitioner-company is a complainant in a complaint filed alleging offence under section 138 read with section 141 of the Negotiable Instruments Act, 1881. An application was made by the petitioner in a pending complaint seeking a direction against the 2nd accused to deposit the passport. The said application was rejected by the learned Magistrate by order dated 15th October 2005. Another prayer which was considered by the learned Magistrate was as regards a direction to enhance the amount of surety furnished by the 2nd accused. A revision application was filed by the petitioner for challenging the order dated 15th October 2005. The learned Additional Sessions Judge rejected the said : 2 : revision application by observing that the absence of the accused was not likely to cause any obstruction to the progress of the trial. The learned Judge also observed that if there is any attempt made on the part of the accused to delay the proceedings, the said fact can be brought to the notice of the trial Court so that proper action can be taken against him. 2. Considering the observations made by the learned Additional Sessions Judge, no case is made out for interference in this petition under Article 227 of the Constitution of India read with section 482 of the Code of Criminal Procedure, 1973. 3. Hence, petition is rejected. The learned Judge is directed to expeditiously conclude the trial. 4. In the event of the 2nd accused delaying the conclusion of the trial, it will be always open for the petitioner to take out appropriate application before the learned trial Judge in that behalf. (A.S.Oka,J)