JUDGMENT :

Rohit B. Deo, J.

Heard Shri Anil Mardikar, the learned Senior Counsel with Shri S.L. Kotwal, for the petitioners and Smt. Shilpa Tapdiya, the learned Counsel for the respondents. With consent the petition is finally heard at the admission stage.

2. The petitioners are assailing the order dated 20.04.2018 rendered by the 25th Joint Civil Judge (Junior Division) and Judicial Magistrate First Class, Nagpur in Criminal Complaint Case 3866 of 2011 of issuing process for offence punishable under Section 138 of the Negotiable Instruments Act, 1881 ('Act'). Prior to the issuance of process, vide order dated 07.12.2017 the complainants were permitted to amend the complaint, which order is also assailed herein.

3. The petitioners shall be referred to as the accused and the respondents as complainants for the sake of convenience.

4. Accused 1 is a Company Registered under the Companies Act. Accused 2 is the Managing Director and accused 3 is the Chief Financial Officer of accused 1 company.

5. The accused contend that the company was registered with the Board for Industrial and Financial Reconstruction (BIFR) w.e.f. 03.12.2008 and was declared a sick unit on 16.07.2009 and a direction un