ORDER :

1. The present respondent filed a complaint under C.C. No.545/2007 before the learned Special Court ( Economic Offences), Bengaluru (for brevity, ‘Trial Court’) under Section 538(1)(c) of the Companies Act, 1956 (for brevity ‘the Act’) read with Rule 9 of the Companies (Court) Rules, 1959 (for brevity, ‘1959 Rules’) and Section 200 of Code of Criminal Procedure (for brevity, ‘Cr.P.C.’) against the present petitioners alleging failure on the part of the petitioners in handing over the books and records of M/s. Shimbu Imports and Exports (P) Ltd. (in liquidation) punishable for default under Section 538(1)(c) of the Act.

2. The present petitioners filed an application under Section 245 of the Cr.P.C. read with Section 633 of the Act seeking their discharge from the offence punishable under Section 538(1)(c) of the Act.

3. The Trial Court by its impugned order dated 18.11.2011 kept open the said application and posted the case for recording of evidence stating that the same would be in consonance with the provisions of Section 244 of Cr.P.C. and other provisions under Chapter XX of Cr.P.C. and the Act and the 1959 Rules.

4. Aggrieved by the same, the accused Nos.1 and 2 in the Tri