1 APL 838.11.sxw JPP IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE SIDE JURISDICTION CRIMINAL APPLICATION NO. 838 OF 2011 Mayuka Labs Pvt. Ltd. ... Applicant. V/s. A.S. Joshi & Co. ... Respondents. Mr. Anil Patel i/b. Mr. U.L. Shah for the Applicant. Mr. S.S. Pednekar, APP for the State. CORAM : K.U. CHANDIWAL, J. DATED : 19th SEPTEMBER 2011. P.C. :- Heard learned Counsel for the Accused/Applicant. 2. Owing to the absence of the Advocate on the given date, exemption application was not moved. Court waited thereafter. At the request of the learned Advocate for the Complainant, the Court had directed to issue non-bailable warrant against the Accused/Applicant. The proceeding under Section 138 of Negotiable Instruments Act was initiated against the Accused/Applicant. 3. The learned Counsel submits, learned Judge erred issuance of non-bailable warrant. The matter of such type should be at the most call for bailable warrant. 2 APL 838.11.sxw 4. At this stage, without pondering to these contentions, fact remains, non-bailable warrant is issued and not yet executed. The Court concerned should follow legal procedure if application for cancellation of Non-bailable Warrant is moved. The apprehension that the learned Counsel nursed and which he repeated, that the learned Judge may not release the Accused/Applicant on bail Considering the very scheme of Act is illusory. Application disposed of. (K.U. CHANDIWAL,J.)