Marlapalle B.H., J.—Heard Mr. Soni the learned Counsel for the petitioners who are impleaded as accused in C.C. No. 462/SS/2006, presently pending before the learned Metropolitan Magistrate, 26th Court, Esplanade, Mumbai under Section 138 of the Negotiable Instruments Act, 1881 (for short N.I. Act). Order of process was issued by the learned Magistrate on 4.5.2006 against the present petitioners and the said order was carried in Criminal Revision Application No. 959 of 2006 before the Sessions Court. The said revision application has been dismissed by the learned Additional Sessions Judge for Gr. Mumbai and hence this petition under Article 227 of the Constitution read with Section 482 of Cr.P.C.

2. The main argument advanced before this Court, like before the Sessions Court, is that the accused No. 1-Company M/s. Aefloat Textiles (India) Ltd. is declared a sick Company by the B.I.F.R. as per its order dated 4.9.2003 and in view of the scheme of Sections 22 and 22-A of the Sick Industrial Companies (Special Provisions) Act, 1986 (for short S.I.C.A.) the complaint filed under N.I. Act is required to be quashed and set aside. Mr. Soni the learned Counsel for the petitioners