bsb IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL CRIMINAL CRIMINAL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT WRIT WRIT PETITION NO. 2005 OF 2006 PETITION NO. 2005 OF 2006 PETITION NO. 2005 OF 2006 Mr.Atul Goel and anr. ... Petitioners v/s 1. Neoteric Informatique Pvt. Ltd. 2. The State of Maharashtra ... Respondents Mr.R.V.Pradhan i/by Mr.Raja Thakare for the petitioners. Smt.Usha Andewar for the respondent No.1. Mr.H.J.Dedhia, A.P.P. for the respondent No.2 State. CORAM: CORAM: CORAM: SMT.NISHITA MHATRE, J. SMT.NISHITA MHATRE, J. SMT.NISHITA MHATRE, J. DATED: DATED: DATED: 4TH JULY, 2008 4TH JULY, 2008 4TH JULY, 2008 P.C. P.C. P.C.: 1. By an order dated 10.4.2006 the revision application filed by the petitioners herein has been dismissed. The observations made by the learned Judge while dismissing the revision application are erroneous and uncalled for. The revision was filed against the issuance of process. However, the learned Judge, rather than considering whether the process has been rightly issued to the petitioners, has proceeded to observe that, "nothing prevents the defence to state it’s case of innocence to prove or submit the documents of discharge of liabilities to prove them at their own instance and for 2 such evidence, it should not wait for the complainant to lead evidence first." 2. The impugned order is set aside. 3. Criminal Revision Application No.1099 of 2005 is remanded for hearing the same afresh. 4. Writ petition disposed of accordingly.