1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL WRIT PETITION NO.2276 OF 2009 Shri Chandrakant V. Bhurke & Ors. : Petitioners (Orig.Accused nos.1 to 11) V/s. Shri Mahes P. Tupe & Anr. : Respondents (Resp.No.1-Orig. Complainant) .... Mr.S. Katkade for the petitioners. Mr.Bhupesh Samant for respondent no.1. Ms S.V.Gajare, Addl. Public Prosecutor respondent no.2. .... CORAM : B.R. GAVAI, J. DATE : FEBRUARY 22, 2010. P.C.: The petitioners have prayed for quashing and setting aside the proceedings initiated vide C.C.No.640/SS/2008 pending before the learned Metropolitan Magistrate, 40th Girgaon Court, Mumbai. The said complaint has been filed by the respondent no.1 for the offence punishable under section 500 read with 34 of the I.P.C. 2. The learned counsel for the petitioners submits that the order issuing process is illegal inasmuch as the case of the petitioners would 2 clearly fall under the 9th exception of section 499 inasmuch as the averments made by the petitioners were in their defence. 3. While considering an application for quashing, what is required to be seen is only the allegations in the complaint taken at its face value. As to whether the petitioners have a good defence or not will be an issue to be considered at the trial. 4. Taking the allegations in the complaint at its face value it cannot be said, that ingredients to constitute an offence under section 500 are not available in the present case. In that view of the matter, no interference is called for. Criminal Writ Petition is dismissed. B. R. GAVAI, J.