- 1 - wp1070.11 rng IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRI.WRIT PETITION NO.1070 OF 2011 Jiten Mody .. Petitioner vs 1.Kapol Cooperative Bank Ltd 2.State of Maharashtra ..` Respondents Mr.O.A.Siddiqui for Petitioner Mr.S.S.Pednekar APP for State Mr.Virendra Parikh for Respt no.2 CORAM: K.U.CHANDIWAL,J DATE: 13 th September, 2011 P.C. 1. Heard both the sides. A very sorry state of affairs is presented. Chairman of the Respondent- Bank as Petitioner faced prosecution on 16.12.1991. He initially at the stage of evidence before charge in C.C..No.52/SW/2005 ventured not to cross-examine the witnesses by reserving his cross-examination for framing of charge. Consequently, the matter was further dragged. On 15.4.1999 in the same proceedings, Discharge Application was moved by the Applicant. It was rejected on 6.1.2010. Evidence in the matter by Complainant commenced on 25.1.2001 and - 2 - wp1070.11 then either after by-passing several hurdles and brakers ultimately on 20.3.2007. The Applicant has still the gumption to move this Court to challenge the orders passed by the Additional Sessions Judge on 31.3.2011 in C.R.A. No.317 of 2011. While doing so, the Applicant did not refer in his Petition about the earlier withdrawal of Criminal Revision Application No. 201/2010 before this Court on 23.3.2010. 2. Without further adverting to the conduct of the Applicant going back to the merits of the matter, I find that the Applicant need not be permitted to relegate back to the stage of recording evidence before charge as all the stages have gone. It will be protracting the matter which apparently is the idea of the Applicant. 3. Consequently, no merit. Writ Petition dismissed. K.U.Chandiwal, J - 3 - wp1070.11