IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 2311 OF 2007 S.M.Shetty & Ors. ..... ...... ......Petitioners V/s Bharat Mohanlal Suchak & Ors. ..... ...... .... Respondents. Mr.Shirish Gupte, Sr. Adv. I/by M/s.PDS Legal, Adv. For the petitioners. Mrs.S.A.Marathi, Adv. For the respondent No.1. Mr.S.R.Shinde, APP for the State. CORAM: A.P.DESHPANDE, J. 11/2/08 PC: The respondents filed a complaint against the present petitioners for commission of an offence punishable under sections 415, 406 and 420 read with section 34 of the Indian Penal Code. Process came to be issued by the learned JMFC. Aggrieved by the order of issue process the present petitioners carried revision before the Sessions Judge taking exception to the order passed by the learned JMFC. It is the case of the respondents that while entering into business transactions the petitioners suppressed the fact that the industry was registered as sick industry way back in the year 1998. Certain paymets were not made and initially respondents instituted a suit for recovery of the said amount. In the said pending suit objection came to be raised by the present petitioners that proceedings need to be stayed in view of section 22 1 of SICA and thus proceedings of suit came to be stayed and thereafater complaint in question has been filed. The Sessions Judge has rightly held that it is not possible at this stage to examine as to whether the petitioners had suppressed the fact that they had intention to commit the offence alleged or otherwise and hence declined to interfere with the issue process order. Perused the order passed by the Sessions Judge. No interference is called for. In the result writ petition is summarily dismissed. 11.2.08 2