1. The applicant/accused has moved an application for anticipatory bail under section 438 of Cr. P.C. against the order of issuance of non-bailable warrant passed by the Additional Chief Metropolitan Magistrate, 6th Court, Mazgaon, Mumbai in C.C. 1105/S/2005 in the cases where the offence is registered against the applicant/accused under section 138 of N.I. Act, 1881. Earlier the application for anticipatory bail challenging the said order preferred before the learned Sessions Judge, Greater Bombay is rejected on 4th March, 2014 and four weeks time was granted to enable him to approach the Metropolitan Magistrate Court to apply for cancellation of warrant to grant fresh bail.

2. The learned counsel for the applicant/accused has submitted that the applicant/accused is facing charges under section 138 of N.I. Act & though it is bailable, the learned Magistrate has issued non-bailable warrant without ascertaining the genuine reasons of the absence of the applicant/accused before the Magistrate. He submitted that due to communication gap between the applicant and his advocate, he could not appear before the learned Magistrate and therefore, the trial Court issued a non-baila