1. The petitioners, who are the original accused nos. 2 and 3 in Labour Case No.43/2009/B pending before Judicial Magistrate First Class Panaji, have invoked jurisdiction of this Court under Section 482 of the Criminal Procedure Code.

2. The respondent filed a private complaint alleging commission of offence under Section 97(3) of The Companies Act (“The Act” for short) against the petitioners and others on the ground that they have committed offence punishable under Section 97(3) of The Act by not filing with the Registrar of the Companies notice of increase of share capital in terms of Section 97(1) of The Act.

3. Learned Magistrate, by order dated 17th February, 2010, issued process against the petitioners and the company. The petitioners preferred Criminal Revision Application to the Sessions Court at Panaji bearing No.86/2010 against the order issuing process. The petitioners annexed certain documents with the revision application before the Sessions Court in support of their stand that no offence was committed by the petitioners. The petitioners contended before the revisional Court that the complaint and material produced did not disclose contravention of Section