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. 842 OF 1997 PETITION NO. 842 OF 1997 PETITION NO. 842 OF 1997 Shri A.K.Chakravorty ... Petitioner v/s M/s.Orient Syntex Ltd. & ors. ... Respondents Mr.Prashant Badole for the petitioner. Mr.D.P.Adsule, A.P.P. for the State. CORAM: CORAM: CORAM: SMT.NISHITA MHATRE, J. SMT.NISHITA MHATRE, J. SMT.NISHITA MHATRE, J. DATED: DATED: DATED: 4TH APRIL, 2008 4TH APRIL, 2008 4TH APRIL, 2008 ORAL ORAL ORAL JUDGMENT JUDGMENT JUDGMENT: 1. This petition challenges the issuance of process against the petitioner in Case No.1023/8/96 by the Additional Chief Metropolitan Magistrate, 37th Court, Explanade, Mumbai. 2. By the judgment in the case of DSQ Holdings Ltd. & DSQ Holdings Ltd. & DSQ Holdings Ltd. & ors. ors. ors. v/s Infrastructure Leasing and Financial Services v/s Infrastructure Leasing and Financial Services v/s Infrastructure Leasing and Financial Services Ltd. Ltd. Ltd. & anr., reported in 2005(2) Bom.C.R.(Cri.) 202, & anr., reported in 2005(2) Bom.C.R.(Cri.) 202, & anr., reported in 2005(2) Bom.C.R.(Cri.) 202, the learned Single Judge of this Court has held that the revision would lie before the Sessions Court under Section 397(2) of the Code of Criminal Procedure and refused to recall the process. 2 3. In view of this, the petition is dismissed and the petitioner is granted liberty to file revision before the Sessions court. If such revision is filed, the Sessions Court will decide the same after taking into consideration that the writ petition was pending before this Court since 1997 upto today. 3. Writ petition disposed of accordingly. 4. The learned counsel for the petitioner states that the petitioner will approach the Sessions Court within eight weeks from today and submits that stay granted by this Court should continue for this period. The stay granted by this Court on 12.9.1997 to continue for a period of eight weeks from today.