1 3 wp.270.09 ndm IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 270 OF 2009 Panchabhai Popatbhai Butani and ors. ... Petitioners Vs. The State of Maharashtra and ors. ... Respondents ----- Mr. D.S.Mhaispurkar for the Petitioners. Mr. P.A. Pol, PP for the State. Mr. Sharif Shaikh for Respondent Nos. 2 to 4. ----- CORAM : A.M. KHANWILKAR and U.D. SALVI, JJ. DATE : 14 th September, 2010. P.C. 1 The learned Public Prosecutor informs that in view of the liberty given by this Court in term of order dated 06 th September, 2010, the Investigating Officer has presented the charge-sheet before the appropriate Court, who has taken cognizance of the case. The case is now registered as C.R.No.369 of 2008 and as Case No.511 of 2008. In this view of the matter, the petition will have to be disposed of with liberty to the Petitioners to pursue their remedy before the appropriate Court as may be advised including for discharge from the criminal offence registered against them on the argument that the nature of dispute is one 2 3 wp.270.09 of civil dispute and cannot be proceeded before the criminal Court. All questions in that behalf are kept open. 2 Today when the matter is taken up for hearing, the learned counsel for the Petitioners attempted to persuade us to reconsider the opinion recorded in the order dated 06 th September, 2010. According to him, the FIR at page No.131 is not the complete document and the statement of the complainant ought to be looked into to answer the contentions raised by the Petitioners. It is not in dispute that such argument was not canvassed before us on 06 th September, 2010. If that argument was to be canvassed, we would have considered the same. It is too late for the Petitioners to now urge that the statement of the complainant, if read as a whole, makes out a case of civil dispute. As aforesaid, all contentions available to the Petitioners are kept open to be considered in an appropriate proceedings. 3 This petition is disposed of on the above terms. [ U.D. SALVI, J ] [ A.M. KHANWILKAR, J ]