Abhay M. Thipsay, J.

The petitioner is the original complainant. He has filed a complaint alleging commission of an offence punishable under section 13 of the Maharashtra Ownership Flats Act, 1963 (hereinafter referred to as 'MOFA' for the sake of convenience) read with section 406 IPC and 420 of the IPC against the respondent Nos. 2 to 6 herein. The respondent No. 2 is a partnership firm doing business as builders, developers and promoters, and the respondent Nos. 3, 4, 5 and 6 are the partners of the respondent No. 2. The learned Addl. Chief Metropolitan Magistrate, 47th Court, Esplanade, Mumbai, after examining the petitioner on oath, formed an opinion that there were sufficient grounds for proceeding against the respondents in respect of an offence punishable under section 13 of the MOFA read with section 14 thereof. Accordingly, by an order dated 9th March 2012, he issued process against the respondent Nos. 2 to 6, requiring them to appear and answer to the accusation of an offence punishable under section 13 of the MOFA read with section 14 thereof. Being aggrieved thereby, the respondent Nos. 2 to 6 moved the Court of Sessions for Greater Mumbai by filing an applica