1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Cri.W.P.No.557 of 2009. _______________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | _______________________|_______________________________________ 1. The petition is filed against issuance of process vide order dated 14.8.2008, in private complaint case instituted by the Respondent No.2 for offence punishable U/s 494 read with Section 109 of the I.P.Code. The tenor of the petition reveals that probable defences are the plank used and on account of delay of nine (9) months the complaint proceedings are sought to be quashed. For the purpose of issuance of process, alternate remedy U/s 397 of the Cr.P.C. is available. Secondly, mere delay in lodging the complaint would not be itself a legal ground to invoke the supervisory jurisdiction under Article 227 of the Constitution of the India. The petition challenging the order of process is, therefore, unsustainable inasmuch as it also involves disputed questions of facts. The petition is dismissed. 2. Liberty to approach the trial Court seeking exemption from personal appearance. (V.R.KINGAONKAR,J.) Dt.17.08.2009. asp/office/Crwp557.09