1 (Wps 208 to 210 of 2010) IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.208 OF 2010 WITH CRIMINAL WRIT PETITION NO.209 OF 2010 WITH WRIT PETITION NO. 210 OF 2010 Mrs.Navita w/o. Lokesh Rustogi ...Petitioner Vs. The State of Maharashtra and Ors. ...Respondents ----- Ms.Kavaita Gandhi i/b. Mr. Ashok M. Saraogi for Petitioner Mrs.V.R. Bhosale -APP for the State Mr. S.V. Marwadi i/b. Mr. M.D. Mali for Respondent No.2 ----- CORAM: V.M. KANADE J. DATED: 22ND NOVEMBER, 2010 P.C. 1. Heard the learned counsel for the Petitioner and the learned counsel appearing on behalf of the Respondent No.2. 2. The Petitioner is challenging the order of issuance of process passed by the learned Metropolitan Magistrate, 38th Court, Bellard Pier, Mumbai and order 2 (Wps 208 to 210 of 2010) passed by the Sessions Court, confirming the order of the Trial Court of issuance of process. 3. It is submitted that the Petitioner is the wife of the Respondent No.3. According to the Petitioner, the cheques were signed by the Respondent No.3 and they were drawn on the joint account of the Petitioner and the Respondent No.3. It is, therefore, submitted that the Petitioner is not responsible for issuance of the said cheques. 4. On the other hand, the learned counsel for the Respondent NO.2 submitted that the said issue regarding the liability of the Petitioner will have to be decided at the time of the trial. 5. There is some substance in the submission made by the learned counsel for the Respondent No.2. At this stage, it will not be possible to decide this issue. Hence, the writ petition is dismissed. All the contentions raised by the Petitioner are kept open. 6. The Petitioner is exempted from appearing in the Trial Court. Her plea may be recorded through her 3 (Wps 208 to 210 of 2010) advocate. Her statement under section 313 may also be recorded through her advocate as per the procedure laid down under section 313 (5) of Cr.P.C., provided that the Petitioner gives an undertaking that she will not dispute her identity or correctness of the answers given to the questions asked by the Magistrate under section 313 of Cr.P.C. The learned Magistrate shall follow the procedure laid down under section 313(5). The Writ petitions are, accordingly, disposed of. (V.M. KANADE J.)