-1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.2745 OF 2005 Kabir Mulchandani ..Petitioner Vs. The State of Maharashtra & Anr. ..Respondents .... Mr.Shubhangi P.Chavan i/b A.M.Saraogi Advocate for Petitioner Mr.D.S.Mhaispurkar 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 : AUGUST 14,2006 DATE : AUGUST 14,2006 DATE : AUGUST 14,2006 P.C. P.C. P.C. 1. Heard the learned advocate for the Petitioner. None appears for the Respondent Nos.2 and 3 though served. 2. The Petitioner is facing prosecution in Case No.1222/SS/2005 which is pending before the Court of learned Metropolitan Magistrate at Vikhroli, -2- Mumbai. The said case is under Section 138 of Negotiable Instruments Act. 3. The Petitioner is seeking quashing of the non-bailable warrant issued against the Petitioner as well as for exemption from personal appearance. The learned advocate for the petitioner states that Petitioner will be represented by an Advocate at all times before the trial Court. In view of the statement and the other facts and circumstances of this case, non-bailable warrant issued against the Petitioner is set aside. The learned Magistrate shall not insist on the presence of the petitioner unless his presence is absolutely necessary. In such a case, on notice being given to the Petitioner, he shall remain present before the trial Court on the date indicated by the trial Court. 4. Writ Petition is disposed of. [V.K.TAHILRAMANI,J.]