WP.173, 174, 175-10 - 1 - VPH IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION No. 173 OF 2010 AND CRIMINAL WRIT PETITION No. 174 OF 2010 AND CRIMINAL WRIT PETITION No. 175 OF 2010 Mr. Ronnie Netto & Ors. ...Petitioners Vs. HDFC Bank Ltd & Anr. ...Respondents *** Mr. Subhash Jha i/b Mr. H. H. Nagi, for the Petitioners. Mrs. Pravina Kanani & Vidya Dongre, for the Respondent No.1. Mr. A. S. Shitole, APP for Respondent No.2. *** CORAM: V. M. KANADE J. DATE : AUGUST 17, 2010 P.C. 1. Heard the learned counsel appearing for the petitioners and respondent No.1. The petitioners in these petitions are challenging the order of issuance of process of the learned Magistrate on the complaint filed under S. 138 of the Negotiable Instruments Act, inter alia it is WP.173, 174, 175-10 - 2 - submitted no averments have been made against the petitioners herein so as to constitute the offence punishable under S. 138 read with S. 141 of the N. I. Act. It is also submitted that one of the Directors had in fact resigned and is not a signatory to the said cheque. The learned counsel invited my attention to the complaint and the averments made therein. On the other hand, the learned counsel for respondent No.1 submitted that plea has been recorded and the complainant has filed an affidavit-in lieu of evidence. 2. In my view, since plea has been recorded by the learned Magistrate and the evidence is also taken on record. At this stage, it will not be proper to interfere with the order of issuance of process. However, in my view, it would be appropriate if the petitioners are exempted from appearing in the trial Court. Their the statements under S. 313 Cr.P.C. may be recorded through the advocates, if so advised, provided they give an undertaking to the trial Court that they will not dispute their identities or the answers which were given to the questions and recorded under S. 313 Cr.P.C., by their advocate. The learned Magistrate may follow the procedure laid down in Section 313(5) of Cr.P.C. in that case. . The writ petitions are disposed of in above terms. [ V. M. KANADE J.]