[-1-] IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRI.APPLN.NO.267 OF 2007 WITH CRI.APPLN.NO.268 OF 2007 WITH CRI.APPLN.NO.269 OF 2007 Narang International Hotels Pvt. Ltd. ..Applicant Vs. Parvez Damania and Anr. ..Respondents ... Mr.Rahul Moghe counsel for applicant Mr.S.V.Marwadi counsel for Respondent No.2 Ms.S.V.Gajre A.P.P. for State. ... CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. DATE : MARCH 5, 2007 DATE : MARCH 5, 2007 DATE : MARCH 5, 2007 P.C. P.C. P.C. 1. Heard the learned counsel for the applicant-original complainant, the learned counsel for the respondent no.2 and the learned A.P.P. for the State. 2. The applicant has filed these complaints under section 138 of Negotiable Instruments Act. The said complaints are numbered as Complaint Nos. 1262/S/2002, 1277/S/2002 and 1260/S/2002 and are pending before the learned Special Metropolitan [-2-] Magistrate, Court No.25, Small Causes Court at Mumbai. In all the three cases applications were preferred by the respondent-accused for staying the proceedings in all these three cases. The said applications came to be allowed by order dated 21.12.2006. Being aggrieved by the said order, these applications have been preferred. The order of the learned Magistrate is as under:- . Heard counsels for both sides. Perused the say. Complainant filed affidavit of evidence of Bhaskar (P.W.1) u/sec.145(1) of Negotiable Instruments Act. Accused filed application for summoning P.W.1 for the contents of affidavit recording of his evidence vide S.145(2) N.I.Act. The said application was rejected. Accused filed W.P. U/s. 482 of Cr.P.C. before Hon.High Court. The said W.P. was rejected by Hon.High Court. Accused filed SLP No. 5689/2006 before the Hon.Supreme Court. The Hon. Supreme Court. issued notice granted interim stay. Since the Hon.Supreme [-3-] Court has stayed and seized of the matter, it is not desirable to proceed with the matter. Hence, matter is adjourned till 15.4.2007." 3. In these matters, the respondent-accused impugned the order of the Magistrate whereby applications under Section 145(2) of Negotiable Instruments Act, came to be rejected. The Respondents-accused preferred applications in all the matters seeking directions to the complainant to enter into the witness box and depose to the facts which had already been stated in affidavit in examination in chief. The said applications came to be rejected by the Magistrate. Being aggrieved thereby the respondents-accused preferred Writ Petition No.1177 of 2006, 1178 of 2006 and 1179 of 2006 before this Court. The said Writ Petitions came to be rejected by this Court by order dated 14.7.2006 and this Court directed that the Magistrate shall proceed with the cases and decide them in the light of the observations made in the order dated 14.7.2006. Being aggrieved by the said order of this Court, the Respondents-accused [-4-] preferred S.L.P. before the Supreme Court which is numbered as S.L.P.(Cri.) No.5689 of 2006 and two other S.L.Ps. In the said S.L.P., the Supreme Court issued notice and granted stay of the order of this Court dated 14.7.2006. 4. Mr.Rahul Moge, the learned counsel for the applicants has submitted that the stay was not in respect of the proceedings before the trial Court but it was in respect of the order of the High Court dated 14.7.2006 and hence, the learned Magistrate ought not to have stayed the proceedings. However, as the very issue involved in the said cases is now pending before the Supreme Court and the S.L.Ps. has been preferred by the respondent-accused In these very three cases in such case, the order of the learned Magistrate adjourning the matter till 15.4.2007, cannot be faulted. No interference is called for. 5. Applications are rejected. [ V.K.Tahilramani, J.]