WP.1520,1521,1522, 1523-10 - 1 - VPH IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION No. 1520 OF 2010 Rajesh Sumeshchandra Varma ... Petitioner Vs. Mohan G. Joshi & Ors. ... Respondents AND CRIMINAL WRIT PETITION No. 1521 OF 2010 Mrs. Sangita R. Varma ... Petitioner Vs. Mohan G. Joshi & Ors. ... Respondents AND CRIMINAL WRIT PETITION No. 1522 OF 2010 Rajesh Varma HUF ... Petitioner Vs. Mohan G. Joshi & Ors. ... Respondents AND CRIMINAL WRIT PETITION No. 1523 OF 2010 Tanvi Rajesh Varma ... Petitioner Vs. Mohan G. Joshi & Ors. ... Respondents *** Mr. S. V. Marwadi i/b V. V. Katti, for the Petitioners. Mr. Mallika Ingale, for Respondent Nos. 1 and 2. Mrs. M. R. Tidake, APP for Respondent-State. *** WP.1520,1521,1522, 1523-10 - 2 - CORAM: V. M. KANADE J. DATE : SEPTEMBER 17, 2010 P.C. 1. Heard the learned counsel for the petitioners and respondent Nos. 1 and 2. The learned counsel for the petitioner in all the petitions submits that since respondent No.3 is not yet served, he would like to seek leave to delete her name from the array of party-respondent. Leave to amend is granted. 2. The petitions are taken up for final hearing by consent of the parties. The petitioners in all the petitions are aggrieved by the order dated 30th March, 2010, passed by the learned Metropolitan Magistrate, 14th Court, Girgaon. By the said order, the learned Magistrate was pleased to issue process only against accused Nos. 1 and 4 and the complaint was dismissed as against accused Nos. 2, 3 and 5. It is submitted that the learned Magistrate has given two grounds for not issuing process against these accused. He invited my attention to the impugned order. He submitted that the learned Magistrate has observed that the complainant did not produce any authentic document to show that accused No.2 has executed bills of exchange in favour of the WP.1520,1521,1522, 1523-10 - 3 - complainant, and further document to show that accused Nos. 2, 3 and 5 are partners of the firm. 3. So far as first reason is concerned, the learned counsel submits that in fact there documents are on record which clearly show that accused No.2 had executed a bills of exchange, which are annexed to the petition at page 24, 25 and 26. He submits that so far as partnership deed is concerned, the said document is in possession of the accused and therefore, the learned Magistrate erred in holding that the petitioner has not produced the said documents. On the other hand, the learned counsel for respondent Nos. 1 and 2 submits that the verification of the complaint was not properly made, and secondly the averments in the complaint were not in accordance with law, laid down by the Apex Court in various judgments. 4. In my view, there is substance in the submission made on behalf of the petitioners. The documents at page 24, 25 and 26 reveal that it is signed for and on behalf of the accused and the said document can be proved during the trial. So far as partnership is concerned, the learned Magistrate erred in expecting the petitioner to produce the said document. So far as submission of the learned counsel appearing on behalf of respondent Nos. 1 and 2 is concerned, the learned Magistrate WP.1520,1521,1522, 1523-10 - 4 - has not assigned any reason in his order regarding the averments made in the complaint. If the respondents are aggrieved, they can always challenge the said order by taking out appropriate proceedings before the appropriate forum and urge their contentions. Hence, the impugned order is set aside. All the writ petitioners are allowed in terms of prayer Clause (b). However, it is clarified that since respondent No.3 is deleted by the petitioners, the said respondent also stands deleted in prayer clause (b). As a result, prayer clause (b) is restricted to respondent Nos. 1 and 2/original accused Nos. 2 and 3 only. The learned Magistrate is directed to issue process against respondent Nos. 1 and 2 in the corresponding criminal cases. . All the writ petitioners are accordingly disposed of in above terms. [ V. M. KANADE J.]