- 1 - IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL CRIMINAL CRIMINAL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CRIMINAL CRIMINAL CRIMINAL APPLICATION NO.1186 OF 2005, APPLICATION NO.1186 OF 2005, APPLICATION NO.1186 OF 2005, CRIMINAL CRIMINAL CRIMINAL APPLICATION NO.1132 OF 2005, APPLICATION NO.1132 OF 2005, APPLICATION NO.1132 OF 2005, CRIMINAL CRIMINAL CRIMINAL APPLICATION NO.1128 OF 2005 APPLICATION NO.1128 OF 2005 APPLICATION NO.1128 OF 2005 Chandrakant B. Garware ...Applicant (in all the applications) vs. Gill and Co.Ltd. & Anr. ...Respondents (in all the applications) Mr.S.V.Marwadi i/b M/s.India Law Alliance for the applicant. Mr.Manohar H.Ramsinghani with Mr.Rakeshkumar Saroj i/b M/s.Mulla & Mulla for Respondent No.1 Mr.Y.S.Shinde A.P.P. for State CORAM: CORAM: CORAM: A.S.OKA,J. A.S.OKA,J. A.S.OKA,J. DATE DATE DATE : AUGUST 12,2008 : AUGUST 12,2008 : AUGUST 12,2008 P.C.: P.C.: P.C.: 1. The submission of the learned counsel for the first Respondent is that a remedy of filing a revision application is available to the petitioner for challenging the order issuing process passed on the complaint filed by the first Respondent. The learned counsel for the Applicant submits that the contentions which are raised in these applications cannot be raised before the revisional court and therefore, now at this stage the applicant cannot be relegated to the remedy of revision. 2. Even if a revision application which may be preferred by the applicant is not entertained, a remedy of approaching this court is always open to the applicant. Hence, the application - 2 - under section 482 of the Code of Criminal Procedure,1973 is not entertained on the ground that a remedy of filing a revision application under section 397 of the said Code is available to the applicant. 3. Criminal Application is disposed of by keeping the remedy open. If a revision application is filed by the applicant, the concerned Sessions court is bound to take a note of the fact that this application was filed on 18th February 2005, notice was issued by this court on 25th April 2005 and that the application remained pending in this court till today. 4. To enable the applicant to file the revision application, ad-interim relief granted on 24th April 2005 will continue to operate for a period of four weeks from today. All contentions of the parties on merits are kept open. 5. Criminal application Nos.461,462 and 463 of 2008 do not survive and the same are disposed of. The contentions raised therein are also kept open. JUDGE JUDGE JUDGE