1 (crim appln 1620 to 1627 of 2010) IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1620 OF 2010 Pramod Kumar Tiwari & Anr. ...Applicants Vs. Global Trade Finance Ltd. and Anr. ...Respondents WITH CRIMINAL APPLICATION NO.1621 OF 2010 Shyamsundar N.Gupta ...Applicant Vs. Global Trade Finance Ltd. and Anr. ...Respondents WITH CRIMINAL APPLICATION NO.1622 OF 2010 Rakesh Y. Singh ...Applicant Vs. Global Trade Finance Ltd. and Anr. ...Respondents WITH CRIMINAL APPLICATION NO. 1623 OF 2010 Sunilkumar N. Gupta ...Applicant Vs. Global Trade Finance Ltd. and Anr. ...Respondents WITH CRIMINAL APPLICATION NO. 1624 OF 2010 Rakesh Y. Singh ...Applicant Vs. Global Trade Finance Ltd. and Anr. ...Respondents 2 (crim appln 1620 to 1627 of 2010) CRIMINAL APPLICATION NO. 1625 OF 2010 Pramodkumar Tiwari & Anrs. ...Applicants Vs. Global Trade Finance Ltd. and Anr. ...Respondents CRIMINAL APPLICATION NO. 1626 OF 2010 Shyamsundar N. Gupta ...Applicant Vs. Global Trade Finance Ltd. and Anr. ...Respondents CRIMINAL APPLICATION NO. 1627 OF 2010 Sunilkumar N. Gupta ...Applicant Vs. Global Trade Finance Ltd. and Anr. ...Respondents ----- Mr.Shirish Gupte, Senior Counsel i/b. Mr. P.D. Desai and Ms.Pratibha Mehta i/b. Little and Co. for the Applicants Mr. Yashpal Thakur i/b. Paras Kuhad and Associates for Respondent No.1 Mrs. M.R. Tidake -APP for the State ----- CORAM: V.M. KANADE J. DATED: 25TH OCTOBER, 2010 P.C. 1. The Applicants are challenging the order of issuance of process passed by the Metropolitan Magistrate, 58th Court, Bandra, Mumbai in a complaint filed under section 138 of the Negotiable Instruments Act. One of the co-accused also had filed an 3 (crim appln 1620 to 1627 of 2010) application being criminal application no.3853 of 2010 on the same grounds. The said application was dismissed by order dated 15th October, 2010. Since challenging to the order of issuance of process is on the same grounds for the reasons stated in criminal application no. 3853 of 2010, all these applications will have to be dismissed. 2. The Applicants, however, are exempted from appearing in the Trial Court. Their plea may be recorded through the advocate. The statement under 313 of Cr.P.C. may also be recorded as per the procedure laid down in section 313 (5) Cr.P.C. However, the Applicants shall give an undertaking to the Trial Court that they shall not dispute their identity or correctness of the answers recorded under section 313 of Cr.P.C. It is further clarified that if the advocate for the Applicants remains absent on two dates, the Learned Trial Court may proceed to take steps to secure the presence of the Applicants- accused. The trial is expedited. 3. I am informed that settlement talks are going on and there is possibility that the entire dispute may be settled. In this view of the matter, the Trial Court shall give one date to the Applicants if the 4 (crim appln 1620 to 1627 of 2010) matter appears on the board by the end of November, 2010. 5. The applications are disposed of in aforesaid terms. (V.M. KANADE J.)