:1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE JURISDICTION CRIMINAL APPLICATION NO.2517 OF 2001 IN CRIMINAL WRIT PETITION NO. 418 OF 2001 Mr. Omprakash Ramchandra Jogani and Anr. .. Applicants/ Petitioners Vs. The Additional Registrar of Companies through The State of Maharashtra, Bombay. .. Respondent Mr. A.B. Dubey i/by Bharat Vaishnawa & Co. for Applicants. Mr. S.S. Pednekar, APP for Respondent. CORAM: S.C. DHARMADHIKARI, J. CORAM: S.C. DHARMADHIKARI, J. CORAM: S.C. DHARMADHIKARI, J. Date : December 07, 2005. Date : December 07, 2005. Date : December 07, 2005. P.C.: P.C.: P.C.: 1. This application is filed to restore Cri. Writ Petition No.418 of 2001 which is dismissed in default on 8/6/2001. 2. Upon perusal of the writ petition it is clear that the same seeks quashing of the complaint on the ground that under Section 207 of the Companies Act second complaint for the purposes of alleging the non :2: compliance of Section 207, is not maintainable. In my view, considering the fact that the averments in the Writ Petition raise a plea on the merits of the case, it would be appropriate for the petitioners to raise the said plea before the learned Magistrate during the criminal complaint. Neither dismissal of the present application nor of the Writ Petition would constitute a bar in the petitioners raising the contentions urged in the writ petition nor for the court below to consider and pass appropriate orders on the same. 3. Application disposed off accordingly. (S.C. Dharmadhikari,J) (S.C. Dharmadhikari,J) (S.C. Dharmadhikari,J)