:1: :1: :1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE SIDE Criminal Writ Petition No. 2500 of 2008 Criminal Writ Petition No. 2500 of 2008 Criminal Writ Petition No. 2500 of 2008 1. Mrs. Bharati S.Khandhar 2. Mr. Surendra Mansuklal Khandhar. ...Petitioners. Versus. Shri. Maruti Govind Jadhav & Others. ..Respondents. --- Mr. Raja Thakre i/b Mr. Shriram Shirsat for the petitioner. Mrs. A. S. Pai, APP for the State. CORAM: S. B. MHASE & CORAM: S. B. MHASE & CORAM: S. B. MHASE & A. A. SAYED,JJ. A. A. SAYED,JJ. A. A. SAYED,JJ. DATE: November 26, 2008. DATE: November 26, 2008. DATE: November 26, 2008. P.C. P.C. P.C. 1. This is the petition to stay the warrant issued against the petitioner for the period from 25th November 2008 to 5th December 2008, that is to say, during the marriage period of his son. It is known fact that the petitioner has floated a company in the name of Suman Motels and collected money from the investors and he has not paid back the same amounts to the depositors. Depositors are since long trying to recover their money from the petitioner and his said company. 2. The warrant has been issued against the petitioner for an offence punishable under section 138 of the Negotiable Instruments Act due to non payment to the :2: :2: :2: one of such depositors. Taking overall view of the matter we are not inclined to grant relief claimed by the petitioner. Provision of Article 226 of the Constitution cannot be used for such purposes. It will be open for the petitioner to deposit the said amount with the Court which has issued the warrant and get the said warrant cancelled. We find that the petitioner is not interested in paying the depositors but he is otherwise interested in harassing the depositors. Petitioner is not coming to this Court with clean hands. Petition is hereby rejected. (A.A.SAYED, J.) (A.A.SAYED, J.) (A.A.SAYED, J.) (S.B.MHASE, J.) (S.B.MHASE, J.) (S.B.MHASE, J.)