NUPUR DESIGN STUDIO Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is a petition by accused persons filed during trial of the offence punishable under Section 138 of the Negotiable Instruments Act. By this petition, they are challenging the order dated 11th November 2019 passed by the learned trial Magistrate, Mazgaon (Sewri) Court No.20, Mumbai in Case No.2001691/SS/2018 thereby allowing the application under Section 311 of the Code of Criminal Procedure (hereinafter referred to as the Cr.P.C . for the sake of brevity) filed by the original complainant for recalling Prosecution Witness No.1 (PW1) Jayant Jethalal Mehta, who happens to be the Power of Attorney holder of the original complainant, for bringing on record the new Power of Attorney executed by the original complainant.

(2.) Heard the learned counsel appearing for petitioners/ accused persons. He argued that evidence of the complainant was already over and statement of accused persons under Section 313 of the Cr.P.C. was already recorded. The accused persons had already closed their defence and by allowing the application under Section 311 of the Cr.P.C., the learned trial court has permitted the complainant to fill in the lacuna in the prosecution case.

(3.) I have considered the submissions so advanced and perused the application for recall of PW1 Jayant Jethalal Mehta, reply filed to that application as well as the impugned order passed on the said application Exhibit 29.