1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 3655 OF 2009 Mr. Shyam Sunder Chaudhari & Anr. ... Applicants Vs. The State of Maharashtra & Anr. ... Respondents Mr. V.T.Tulpule, i/b. Mr. Harshad Bhadbhade, Advocates, for the applicants. Smt. V.R.Bhosale,APP, for the respondent No.1 - State. Mr.N.K.Thakore, a/w. Mr. Ganesh Bhujbal, i/b. Prakash Naik, Advocates,for the respondent No.2. CORAM: J.H.BHATIA, J. DATE : 10th June, 2010. P.C. 1. This Application under Section 482 Cr.P.C. is filed by the accused Nos. 1 and 2 against issuance of process under Section 420 I.P.C. and under various sections of the Companies Act. After detailed arguments and after perusal of the complaints and the allegations made therein,the learned Counsel for the applicants concedes that certain facts will have to be brought before the Court in defence. According to the accused persons, a general body meeting was held wherein a resolution was passed to invest the money of Kowa Spinning Ltd. in different companies, including Maya Spinners Ltd. The complainant had remained absent and therefore it cannot make grievance about that. It is also contended that there was no violation of any provisions of the Companies Act 2 while according to the learned counsel for the respondent-complainant, the permission of the Central Government was necessary and certain other provisinos were not complied by the accused persons while investing amount in Maya Spinners Ltd. Naturally, these things may come before the Court when the accused persons appear and produce the material in support of their defence. Process has to be issued on the basis of material which is placed before the Court by the complainant. At that stage, the Court does not have the benefit of going through the documentary evidence which the accused may produce in defence. In view of these circumstances, after some discussion, the learned Counsel for the applicants makes a statement that the accused persons shall appear before the trial Court in pursuance of the process and they will like to cross-examine the witnesses of the complainant before framing of charge as provided under Sections 244 and 245, Cr.P.C. 2. In view of the above circumstances, the Application stands disposed of with a direction that the accused persons shall appear before the trial Court on 30.7.2010 and the trial Court shall proceed as per law. As some of the offences, particularly Section 420 I.P.C. is a warrant trial case, the prosecution/complainant will have to lead evidence before framing of charge and at that stage, the accused will have right to cross-examine the witnesses and the accused may also pray for 3 discharge as per Section 245, Cr.P.C. and appropriate order will be passed by the trial Court on its own merits. (J.H.BHATIA,J.)