1 WP1576/10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.1576 OF 2010 Maniklal Singhee ..... Petitioner. V/s M/s Shilpa Shares and Securities & Anr. ...... Respondents. Mr. Vinit Joshi for the Petitioner. Mr. D.R. More, APP for the State. CORAM: V.M. KANADE, J. DATE : 19th November, 2010 P.C:- 1. Heard the learned Counsel appearing on behalf of the Petitioner. 2. This Petition is filed for quashing the criminal complaint filed by Respondent No.1 for the offence punishable under section 420 of the Indian Penal code. 3. It is submitted by the learned Counsel appearing on behalf of the Petitioner that after the complainant’s claim was dismissed by the Arbitrator and his appeal also was dismissed by this Court, present complaint was filed in 2005 and process was issued in 2009. It is submitted that because the Respondent No.1 could not recover the amount 2 WP1576/10 in the arbitration proceedings, they have filed this false complaint under section 420. 4. In my view, submission made by the Counsel for the Petitioner cannot be accepted. Perusal of the complaint shows that there are averments made in the complaint which clearly indicate that, prima facie, offence under section 420 is made out. Therefore, at this stage, it will not be possible to decide the correctness of the averments made in the complaint and hence it is not possible to interfere with the order of issuance of process passed by the learned Magistrate. It is always open for the petitioner to apply for discharge at appropriate stage by filing an application under section 245 (2) of the Criminal Procedure Code. 5. Writ Petition is dismissed. V.M. KANADE, J.