IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION. CRIMINAL APPLICATION NO.990 OF 2008. ----------------------------------------------------------------- Office notes, office memoranda of Coram, appearances, Court’s Court’s or Judge’s orders. orders or directions and Registrar’s orders. ----------------------------------------------------------------- Mr. Sachin D. Kadam, for the Applicants. Mr. J.P.Yagnik, APP, for the Respondent-State. CORAM CORAM CORAM : A.S.OKA, J. : A.S.OKA, J. : A.S.OKA, J. DATE DATE DATE : 17th September 2008. : 17th September 2008. : 17th September 2008. P.C.: 1. The learned APP has produced for my perusal a copy of the report filed by the Investigating Officer before the learned Magistrate claiming ‘B’ summary. The learned Counsel appearing for the Applicants pointed out that notwithstanding the said report, by order dated 16th May 2008, the learned Magistrate has issued process against the Applicants for offences under sections 415, 416, 420, 463, 464, 468, 470, 471, 474 read with section 34 of the Indian Penal Code. 2. The prayer in this Application under section 482 of the Code of Criminal Procedure, 1973 is for quashing the order passed by the learned Magistrate under section 156(3) of the Code of 1973 on a private complaint filed by the second Respondent. As pointed out earlier, now process : 2 : has been issued by the learned Magistrate. Therefore, a remedy of filing a Revision Application under section 397 of the said Code is available to the Applicants. The contentions which are raised in this Application on merits of the complaint can be always raised by the Applicants in the Revision Application. 3. In the circumstances, the Application is disposed of by keeping the remedy of the Applicants of filing Revision Application open. All contentions on merits are expressly kept open. 4. If such Revision Application is filed, the concerned Sessions Court is bound to consider the fact that this Application was filed on 29th March 2008 which remained pending on the date on which process was issued and that the same has been disposed of today. (A.S.Oka, J)