PATIL J.A., J.:---Rule, returnable forthwith. By consent heard finally.

2. By this petition under Article 227 of the Constitution of India and under section 482 of the Code of Criminal Procedure, the petitioner has challenged the order dated 6-11-2001 regarding issuance of process passed against it in Cri. Case No. 181/2001 by the learned Judicial Magistrate, F.C., Khadki, Pune. The said case is a private complaint filed by respondent No. 3 against the petitioner and six others on the charge of having committed an offence punishable under section 420 r.w. section 120-B of the Indian Penal Code.

3. The petitioner is a company incorporated under the laws of the State of Delaware (U.S.A.). Respondent No. 3 (Original Complainant) is also a company incorporated under the Companies Act, 1956 on 24-10-1994. The said complaint relates to equity investments made by respondent No. 3 in Iridium Inc., a company incorporated under the law of the State of Delaware (U.S.A.) which later on became Iridium LLC. The allegations made in the complaint are that Iridium (Inc/LLC) was a mere instrumentality of the petitioner which conceived, directed and controlled Iridium at all material times. Ini