1 (WP 1238 of 2010 with cri, appln no.1229, 1230, 1231, 1232, 1233, 1234, 1235, 1236,1237,1238 of 2010, with cri wp. 1239 of 2010) IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 1238 OF 2010 Rajiv Banga ...Petitioner vs. L and T Finance Company Limited and Anr. ...Respondents WITH CRIMINAL APPLICATION NO.1229 OF 2010 WITH CRIMINAL APPLICATION NO. 1230 OF 2010 WITH CRIMINAL APPLICATION NO.1231 OF 2010 WITH CRIMINAL APPLICATION NO. 1232 OF 2010 WITH CRIMINAL APPLICATION NO. 1233 OF 2010 WITH CRIMINAL APPLICATION NO.1234 OF 2010 WITH CRIMINAL APPLICATION NO.1235 OF 2010 WITH CRIMINAL APPLICATION NO.1236 OF 2010 WITH CRIMINAL APPLICATION NO.1237 OF 2010 WITH CRIMINAL APPLICATION NO.1238 OF 2010 2 (WP 1238 of 2010 with cri, appln no.1229, 1230, 1231, 1232, 1233, 1234, 1235, 1236,1237,1238 of 2010, with cri wp. 1239 of 2010) Sachin Shah and Ors. ...Applicants Vs. L and T Finance Limited and Anr. ...Respondents WITH CRIMINAL WRIT PETITION NO.1239 OF 2010 Hardeep Singh Best and Ors. ....Petitioners Vs. L and T Finance Company and Anr. ....Respondents ----- Mr. Niranjan Mundargi with Ms. Renuka R. Laxmeshwar i/b. Prashant Gawali for the Petitioners Mr.D.R. More -APP for the State Mr.Anand Poojari i/b. Mrs. S.I. Joshi i/b. Mr. S.I.Joshi & Co. for Respondent No.1 ----- CORAM: V.M. KANADE J. DATED: 3RD DECEMBER, 2010 P.C. 1. For the reasons separately recorded, the criminal writ petitions and criminal applications are dismissed. Interim order is vacated. Hearing of the trial is expedited. 3 (WP 1238 of 2010 with cri, appln no.1229, 1230, 1231, 1232, 1233, 1234, 1235, 1236,1237,1238 of 2010, with cri wp. 1239 of 2010) 2. The Petitioners/Applicants are exempted from appearing in the Trial Court. Their statements under section 313 of Cr.P.C. may be recorded through the advocate as per the procedure laid down under section 313(5) of Cr.P.C., provided that they shall give an undertaking in the Trial Court that they will not dispute their identity and the correctness of the answers recorded in the statements under section 313 of Cr.P.C. The Trial Court shall follow the procedure laid down under section 313(5) while recording the statement under section 313 and shall follow the guidelines laid down by the Apex Court in the case of Kiya Mukherjee’s case If the Petitioners’ counsel remains absent on two dates, exemption granted by this Court may be cancelled by the Learned Magistrate by passing an appropriate order. 3. Criminal Applications and Writ petitions are, accordingly, disposed of. 4 (WP 1238 of 2010 with cri, appln no.1229, 1230, 1231, 1232, 1233, 1234, 1235, 1236,1237,1238 of 2010, with cri wp. 1239 of 2010) 4. The Learned Magistrate may not record the plea of the petitioners if not recorded for a period of four weeks. (V.M. KANADE J.)