IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1155 of 2009 Mr. Anushool Metal Pvt. Ltd. And another .. Applicant V/s The State of Maharashtra and another .. Respondents Mr. Ashok M. Sarogi, Advocate the applicant Coram: Mrs. Mridula Bhatkar, J. (Holiday Judge) Dated: 7th March, 2009 P. C. 1. This application is moved challenging the order passed by the City Civil Court dated 2nd March, 2009 as the accused did not remain present at the time of hearing of Appeal under Section 138A of the N.I. Act. The order discloses that the applicant/accused remained absent on the previous date and he did not attend to the Court when the Learned Judge waited till 1.30 p.m. on 2nd March, 2009. Four days thereafter, this application under Section 482 of Cr. P.C. is moved for cancellation of warrant. 2. In fact, the applicant should have moved before the same court just by moving simple application for revocation of order of warrant and should have surrendered before the Court. However, the applicant has filed this Application today i.e. on the holiday and hence, I am not of the view to grant any relief. Application stands rejected. -2- The Sessions Judge may consider the application on merits, if the application for revocation of order of warrant & bail is moved before him, without being influenced by this order. (Mridula Bhatkar, J.) jpc/-