JATIN ASHOK KHANDWALA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD the learned advocate for the petitioner i.e. original accused No.2, the learned advocate for the respondent No.2 i.e. original complainant and the learned A.P.P. for the State.

(2.) THE petitioner is facing prosecution in a case under Section 138 of Negotiable Instruments Act. The said case is numbered as C.C. No. 1402/SS/2003 and is pending before the learned Metropolitan Magistrate, 33rd Court, Ballard Pier, Mumbai.

(3.) BY order dated 17.08.2005, the learned Magistrate allowed the application of the petitioner in respect of examining the petitioner and Smt. Alkaben Shah as defence witnesses. However, the prayer for examining an Officer of the Income Tax was rejected. Being aggrieved thereby this petition has been preferred.