1 WP 2285.11.sxw JPP IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE SIDE JURISDICTION CRIMINAL WRIT PETITION NO. 2285 OF 2011 Mr. Vitthal Sambhaji Masal. ... Petitioner. V/s. Dr. Narayanrao Gulabrao Ranaware & Ors. ... Respondents. Mrs. Tejasweeta Kadam i/b. Mr. Rahul S. Kate for the Petitioner. Mr. A.S. Shitole, APP for the State. CORAM : K.U. CHANDIWAL, J. DATED : 17th OCTOBER 2011. P.C. :- Heard. 2. In proceedings under Section 138 of Negotiable Instruments Act, the Complainant moved the learned Judge for recalling him in fact his earlier application on the identical ground dated 4.3.2010 was not decided and it was pending. The tenor of the said application dated 4.3.2010 illustrate that the Complainant urged to exhibit the agreement dated 25.2.2008 and to summon two witnesses. 3. By the application in question, the Complainant desired to recall, re-examine PW-1 to exhibit the agreement dated 9.11.2004, 3.2.2005 and 25.2.2008. 2 WP 2285.11.sxw 4. The learned Counsel submit that this application is allowed at belated stage when the statements under Section 313 of Cr.P.C. of the Accused/Applicant were to be recorded. 5. It does not appear from the tenor of the present Application that new evidence is sought to be produced. Only the agreement to which the reference was given in the complaint and transaction was to be brought on record. I do not see any error of the learned Judge in allowing said application though he has not passed a reasoned order. Writ Petition dismissed. (K.U. CHANDIWAL,J.)