APEAL. 1297-11 - 1 - VPH IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No. 1297 OF 2011 Maya Rasayan Ltd. & Anr. ... Appellants Vs. AJCON Global Services Ltd. & Ors. ... Respondents *** Mr. A. M. Sarogi, for the Appellants. Mrs. P. H. Kantharia, APP for the Respondent. *** CORAM : V. M. KANADE, & M. L. TAHALIYANI, JJ. DATE : NOVEMBER 17, 2011 PC: 1. Heard the learned counsel appearing on behalf of the appellants and the learned APP appearing on behalf of the respondent- State. The learned counsel appearing on behalf of the appellants seeks leave to delete name of respondent Nos. 1 to 21 from the array of parties. Leave to amend is granted. Amendment to be carried out forthwith. 2. Heard. The grievance of the appellant who is original complainant is that their complaint which was filed before the Designated Judge under the M.P.I.D. Act was dismissed on the ground that it is not maintainable. The appellants being aggrieved by the said APEAL. 1297-11 - 2 - order have preferred this appeal under Section 11 of the M.P.I.D. Act. . 3. It is submitted by the learned counsel for the appellants that the Designated Judge has not taken into consideration provisions of Section 13 of the M.P.I.D. Act and therefore, has committed an error of law which is apparent on the face of the record. 4. We have perused Section 13 of the M.P.I.D. Act. We have also perused the impugned order. It does appear that the said provision has not been considered by the Designated Judge or alternatively it was not brought to the notice of the said Judge. In our view, it would be appropriate if the impugned order is set aside and the matter is remanded back to the Designated Judge. The Designated Judge shall after hearing the complainant and after going through the provisions of Section 13 of the M.P.I.D. Act and other provisions of Criminal Procedure Code, pass order in accordance with law. . Criminal Appeal is accordingly disposed of in the aforesaid terms. [M. L. TAHALIYANI, J.] [ V. M. KANADE, J.]