1 (WP 2766 of 2010) IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 2766 OF 2010 Mr.Vinod Amarchand Sharma ...Applicant Vs. The State of Maharashtra and Anr. ...Respondents ----- Mr.R.R. Varma i/b. Mr.A.M. Saraogi for Applicant Mr.P.S. Hingorani -APP for the State ----- CORAM: V.M. KANADE J. DATED: 22ND NOVEMBER, 2010 P.C. 1. Heard the learned counsel appearing on behalf of the Petitioner. 2. The Petitioner is challenging the order passed by the learned Metropolitan Magistrate on his application for stay to the two criminal complaints filed by the Complainant under section 138 of the Negotiable Instruments Act till the pendency of the sessions case filed against the present Applicant under section 135 and 136 of the Electricity Act. 2 (WP 2766 of 2010) 3. It is submitted that if the case pending in the Sessions Court is not stayed, the defence put forth by the accused in his case would be misused by the Complainant in the case pending before the Sessions Court. 4. In my view, there is no substance in the submission made by the learned Counsel for the Petitioner. The matter which is pending in the Court of Metropolitan Magistrate is for the offence punishable under section 138 of the Negotiable Instrument Act. Whereas the case, which is pending before the Sessions Court is a case of theft of electricity under the provisions of sections 135 and 136 of the Electricity Act. 5. In my view, the Trial Court has given cogent reasons while rejecting this application. The case pending under section 138 of the Negotiable Instruments Act cannot be stayed on the basis of the apprehension of the accused that the defence put forth by him will be misused since the subject matter of the two complaints is distinct and separate. 3 (WP 2766 of 2010) 6. Hence, writ petition is disposed. Stay granted by this Court is vacated. (V.M. KANADE J.)