JUDGMENT : In this case it is the submission of the petitioner that no case is made out against the petitioner inasmuch as in para 10 of the complaint the petitioner admits that the guilty persons are accused No.4 to 7 who did not deliver the consignment to the consignee against payment. Admittedly, the petitioner was an agent of a disclosed foreign principals and had to just collect cargo which was kept in container which container was shifted by accused no.4 i.e. M/s Divya Shipping and clearing Service Pvt. Ltd. The agent who was responsible for shipping was Rashmi Logistics Pvt. Ltd. 2. It is necessary that the arguments be heard in which the petitioner may also participate before the trial Court informing the Magistrate as to how they are not accused in this case. 3. With the aforesaid observation, the matter is remanded back to the trial Court to decide the question of framing of charge against the petitioner after hearing him. In the meanwhile, if any warrants have been issued, the petitioner to appear through counsel and shall be released and personal appearance shall be exempted till such time the question of framing of charge is decided by the trial Court. 4. The parties will appear before the trial Court for the date already fixed. No coercive steps will be used by the respondent or at their instance by the Court to compel forcible appearance of the petitioner subject to the petitioner causing appearance on the next date of hearing through counsel. 5. With these observations the petition is disposed of. C.C.as per rules.