[-1-] IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL W.P.NO.2051 OF 2008 Dr.Bal Ramesh L.Pawar ..Petitioner Vs. Pahilaj Kimatrai and Anr. ..Respondents ... Mr.Kapil Dave advocate for petitioner Mr.Ashok Kumar Singh Adv. for Respondent no.1 Ms.A.A.Mane A.P.P. for the State ... CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. DATE : DECEMBER 19, 2008 DATE : DECEMBER 19, 2008 DATE : DECEMBER 19, 2008 P.C. P.C. P.C. 1. Heard the learned advocate for the petitioner-original accused, the learned advocate for the respondent-original complainant and the learned A.P.P. for the State. 2. The petitioner is facing prosecution under Section 138 of Negotiable Instruments Act in CC No.2095/SS/2005 pending before the learned Addl. Chief Metropolitan Magistrate, 21st Court, Bandra, Mumbai. In the said cases, non-bailable warrants have been issued against the petitioner as he was not present. The petitioner is seeking quashing of the said non-bailable warrants. 3. It is seen that the petitioner has deposited [-2-] the amount of disputed cheque in all the matters in this Court. The learned advocate for the petitioner states that in addition thereto, there are two other cases in which he is facing prosecution i.e. Case Nos.372/S/2004 and 378/S/2004 and the petitioner will deposit disputed cheque amount in those cases in the trial Court within four weeks. The learned advocate for the petitioner on instructions from the petitioner, states that petitioner undertakes to appear before the trial Court on 15.1.2009. The petitioner further undertakes that he will furnish his current residential address to the trial Court and to the learned advocate for complainant. Undertakings are accepted. In view of the fact that amounts have been deposited in the above mentioned ten cases and as the amount is being deposited in two other cases and in view of the undertaking given by the petitioner that he will appear before the trial Court on 15.1.2009, the non-bailable warrants and proclamation are set aside. 4. It is made clear that if the petitioner does not appear before the trial Court on 15.1.2009 as per the undertaking given by him and if there is [-3-] any default on the part of the petitioner, it would be open to the trial Court to take appropriate steps as deemed fit, in accordance with law. 3. Petition is disposed of. [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.]