1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO.489 OF 2009 M/s Murlidhar Abhaji Bali Through its Proprietor Applicant V/s M/s Tarachand Hansraj Bothra Respondent ------------------------------------------------------------------------------------------------------- Mr. Ajit S. Zarekar, Advocate for the applicant. Mr. R. R. Mantri, Advocate for Respondent. ------------------------------------------------------------------------------------------------------ (CORAM : V. R. KINGAONKAR, J.) DATE : 27th August, 2009. PER COURT : 1. Heard. 2. The Respondents filed complaint for the offence punishable under section 138 of the Negotiable Instruments Act. The petitioner is accused in that complaint. The petitioner examined himself in defence. His defence is that, he issued cheques which were credited erroneously by the complainant. There is statement of D.W. 2 Shrikant who has also produced the extract of the account which have been exhibited vide Exhibit-77, Exhibit-78 and Exhibit-79. He referred the cheques in question during the course of his statement. However, cheques have not been admitted in evidence by giving exhibit numbers. Therefore, the applicant wanted his 2 reexamination on oath in order to prove authorship of the cheques. The request is rejected by the Trial Court. 3. The reference of the said cheques is shown in the account extracts produced by D.W. 2 Shrikant. The version of the D.W. 2 Shrikant also refers to the said cheques and therefore reexamination of the petitioner is not necessary. The learned Magistrate may consider the entries in the account extracts and the version of D.W. 2 Shrikant in appropriate manner. The impugned order is discretionary one and as such, no interference is called for. The Petition is dismissed. (V. R. KINGAONKAR) JUDGE GAS/criwp489.09