IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL APPLICATION NO.1555 OF 2009 Choksi Tube Co. Ltd. : Applicant (Orig. Accused) V/s. Harshad Jayprakash Bakshi & Anr. : Respondents ... Mr.Kedar B. Dighe for the applicant. Mr.Ashish Chavan for respondent no.1. Ms M.H.Mhatre, Addl. Public Prosecutor for the State. ... CORAM : S.A. BOBDE, J. DATE : JULY 22, 2009. P.C.: Rule, returnable forthwith. Mr.Ashish Chavan for the respondent no.1 and Ms Mhatre, the learned Addl. Public Prosecutor for the State, waive service. Heard by consent. 2. After hearing the matter for sometime, the following order is passed by consent: -: 2 :- O R D E R The learned Magistrate shall decide the question of legality of the charge in terms of the judgement of the Supreme Court in Kusum Ingots & Alloys Ltd. v. Pennar Peterson Securities Ltd. & Ors. [(2000) 2 SCC 745], BSI Ltd. v. Gift Holdings (P) Ltd. (2000 (5) Bom.C.R. (S.C.) 397 and the judgement of this Court in Omesh Keshav Karnik v. Board for Industrial and Financial Reconstruction & Ors. (2006 (2) Bom.C.R. (Cri.) 744). For deciding the issue, the Magistrate shall be entitled to hold such preliminary inquiry as may be necessary. He shall proceed to try the offence thereafter, if the finding is against the accused. Rule is made absolute in the aforesaid terms. S.A. BOBDE, J.