JUDGMENT

N. J. Jamadar, J. - Rule. Rule made returnable forthwith. With the consent of the learned counsel for the parties, heard finally.

2. This petition under Articles 226 and 227 of the Constitution of India and section 482 of the Code of Criminal Procedure, 1973 assails the legality, propriety and correctness of the judgment and order dated 10th February, 2021 passed by learned Additional Session Judge at Borivali Division, Mumbai in Criminal Revision Application No. 345 of 2016 whereby the learned Additional Session Judge dismissed the Revision Application affirming an order dated 4th October, 2016 passed by the learned Metropolitan Magistrate, 26th Court, Borivali in CC No. 2042/SS/2016 issuing process against the petitioners No. 1 to 7/ accused for an offence punishable under section 500 read with 34 of the Indian Penal Code, 1860 (the Penal Code).

3. The background facts leading to this petition can be stated as under:-

M/s. A Surti Developers Private Limited, the respondent No. 1/complainant (the developer) is a private limited company. It is engaged in the business of development of real estate. The complainant had constructed the residential building 'Universal Garden No. 1