1 (WP 1290/10) IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.1290 OF 2010 Mr. Sunil Chavan for Vijsun Engineers Private Ltd. .... Petitioner. v/s Z-Plus Power Solution Pvt. Limited & Another. .... Respondents. Mr. Amol A. Deshpande for the Petitioner. Mr. S.R. Shinde, APP for the State. CORAM: V. M. KANADE, J. DATE : 21st July, 2010 P.C.:- 1. Heard the learned Counsel for the Petitioner and the learned APP for the State. 2. Petitioner herein made an application before the Trial Court in which it was stated that the complainant had not produced any Resolution authorizing him to file complaint or to depose or give evidence on behalf of the complainant – company. The learned Magistrate, however, rejected the said application. Against this order, the Petitioner filed revision application before the Sessions Judge. The revision application was also dismissed and the learned Sessions 2 (WP 1290/10) Judge observed that the question of maintainability of the complaint is a mixed question of law and facts and, therefore, it has to be decided at the final hearing of the case. 3. In my view, there is no infirmity in the order passed by the Trial Court as well as Sessions Court and, therefore, no case is made out for interfering with the said order while exercising writ jurisdiction under Article 227 of the Constitution of India. 4. Writ Petition is dismissed. However, Petitioner is exempted from appearing in the Trial Court. Plea of the Petitioner may be recorded through his advocate provided the Petitioner gives an undertaking that he will not dispute his identity. The learned Magistrate may not insist on the presence of the Petitioner unless it is absolutely necessary. (V.M. KANADE, J.) 3 (WP 1290/10)