1 mst IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.697 OF 2009 Ramesh Samarathmal Seth Petitioner versusw State of Maharashtra & others Respondents Amol Patankar i/by Prashant Parsurampuria for petitioner. Y.M.Nakhawa, APP for State. Sanjiv A. Sawant i/by B.K.Barve & Co. for respondent. CORAM : A.S.OKA, J. DATE : 012th June 2009 PC : 1. Heard learned counsel for the petitioner and learned counsel for the second respondent. The petition is by the original accused in a complaint filed by the second respondent alleging offence under section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as “the said Act of 1881”). 2. The constituted attorney of second respondent-complainant filed an affidavit in lieu of examination-in-chief. The petitioner made an application under section 145(2) of the said Act of 1881 praying that the constituted attorney of the second respondent who had filed 2 the affidavit, be directed to appear in the Court for recording his examination-in-chief. The said application has been rejected by the impugned order. 3. As far as this Court is concerned, the legal position is well settled. There is one decision of the Division Bench and there are at least three decisions of the learned Single Judges of this Court taking the same view which has been taken in the impugned order. Hence there is no merit in the petition. However, it will be open for the petitioner to cross examine the constituted attorney of the second respondent on the basis of the affidavit in lieu of examination-in-chief filed by him. It is made clear that the petitioner will have to proceed with the cross examination without seeking any adjournment on any unreasonable ground. 4. Subject to what is observed above, the writ petition is rejected. 5. It will be open for the petitioner to appear before the learned Magistrate and to apply for cancellation of warrant. To enable the petitioner to do so, the warrant issued against the petitioner shall not be executed for a period of four weeks from today. (A.S.OKA, J.)