1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 376 OF 2009 WITH WRIT PETITION NO. 2739 OF 2008 M/s. P.I. Resins & Chemicals & Ors. ... Applicants. V/s. The State of Maharashtra & Ors. ... Respondents. Mr. M.K. Jain for the Applicants. Mrs. P.P. Bhosle, APP for the State. Mr. R.D. Vora for the Respondent. CORAM : S.C. DHARMADHIKARI,J. DATED : 06th JANUARY 2010. P.C. :- What is on Board today is the application which came to be dismissed in default. After hearing both sides and perusing this application, I am satisfied that sufficient cause is made out for non-appearance of the Petitioners and their Advocate on the relevant date. In the larger interest of justice, delay is condoned. The application is allowed and the Petition is restored to file and taken up for admission forthwith. 2. Heard both sides, the order under challenge in this Writ Petition is issuance of process on a complaint under Section 138 of the Negotiable Instruments Act. 3. Annexure ‘A’ to the Petition is a copy of the complaint. 2 4. After the matter was argued for some time, Mr. Vora on taking instructions from the complainant, who is present in Court makes a statement that the Accused Nos. 4 and 5 Mrs. Mahendra Nath Tandon and Mrs. Rajendra Nath Tandon are respectively arrayed as Accused on the basis of their description as constituted attorney of the partners. He therefore makes a statement, once again on instructions that the complainant has no objection if the order issuing process as against these two ladies is quashed and set aside. Accordingly, Accused Nos. 4 and 5 shall stand deleted as Accused from the Criminal Complaint No.930 of 2007 on the file of the Judicial Magistrate, First Class, Kalyan. The order issuing process to the extent of these accused is quashed and set aside. 5. After hearing the Counsel appearing for parties at further length, I am of the view that all other aspects which are raised for my consideration touch the merits of the controversy. It is not possible to quash the proceedings merely because the Applicants urged that the cheque has been issued in the year 2004 whereas the complaint has been filed in 2007. Whether the complaint is maintainable and whether the accused are guilty of the offence alleged is something which must be gone into at trial. 6. Keeping all contentions of both sides open and without expressing any opinion thereon, the Writ Petition is disposed 3 off. The order issuing process to the extent of original Accused Nos. 4 and 5 is concerned, shall stand set aside. 7. The Bail Bond, if any, of these two accused to stand cancelled. All concerned to act on authenticated copy of this order. (S.C. DHARMADHIKARI,J.)