IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 2711 OF 2008 Gunwant Rathod, Prop. of M/s. Guru Krupa Enterprises ...Petitioner Versus State of Maharashtra & Ors. ... Respondents. Mr. K.R. Tiwari i/by M/s. K.R. Tiwari & Co. for the Petitioner Mrs. U.V. Kejariwal, Additional Public Prosecutor, for the State. CORAM: B ILAL NAZKI and A.R. JOSHI, JJ. DATE: FEBRUARY 20, 2009 P.C.:- The petitioner wants the police to register a case against respondent No. 5 on the basis of a complaint given by him on 30th July, 2008. 2. It appears that the petitioner is facing a trial under Section 138 (a) of the Negotiable Instruments Act, 1881 filed by respondent No. 5. According to the complainant, in that case, he has given a cheque which has not been honoured thereafter. The petitioner disputes issuance of a cheque, and therefore, wants the police to register a case against the complainant. 3. We do not find that any cognizable offence is made out in the complaint. It is only a defence in prosecution that is being faced by the petitioner. The Petition is dismissed. However, any observation made in this order shall not affect prosecution under Section 138. BILAL NAZKI, J. A.R. JOSHI, J.