1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 1231 OF 2009 Anil Kumar Sushil Kumar Ruia ..Petitioner versus The Sangli Bank Ltd. & Anr. ..Respondents Mr. M. S. Mohite for Petitioner. Mr. R. S. Kavale for Respondent No. 1. Ms. M. H. Mhatre – APP for State. CORAM : S. A. BOBDE, J. DATED : 4TH AUGUST, 2009. P.C. : 1. This Petition is filed by the Director of a Company praying that the process issued against him by the Court under Sections 420, 468, 471, 120-B read with Section 34 of the Indian Penal Code be quashed. 2. Mr. Mohite, the learned counsel for the Petitioner submitted that the Director was restrained by an Order of this Court from exercising control over the company and it is in those circumstances alone that the commitment was not honoured, which has resulted in this prosecution. The learned counsel therefore submits that therefore, mens rea cannot be 2 attributed to the Petitioner. Without going into the merits of this argument in the facts of the present case, I am of view that interest of justice will be served if the Petitioner makes an appropriate application for discharge before the trial court with liberty to raise all contentions. 3. In the circumstances, I decline to exercise the jurisdiction of this Court under Section 482 of the Cr.P.C., while reserving the liberty to the Petitioner to make such an application as may be advised in accordance with law before the trial court. The trial court shall decide the application on its own merits. The Petitioner shall present application to the trial court in the week commencing 17th August, 2009. The Petitioner shall make a personal appearance in the court in case the application preferred by him is dismissed subject of course to any orders which any Court may pass in respect of application for exemption to be made. The Non-Bailable Warrants and Proclamation against the Petitioner stand cancelled. 4. Petition disposed of. (S. A. BOBDE, J.) 3