1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 3072 OF 2009 M/s. Neeraj Cement Structurals Pvt. Ltd. ..Applicant versus M/s. Bombay J.C.B. Earth Movers & Anr. ..Respondents Mr. Tejas Deshpande for Applicant. Mrs. R. V. Newton – APP for State. CORAM : S. A. BOBDE, J. DATED : 4TH SEPTEMBER, 2009. P.C. : The applicant has challenged the Order dated 14th May 2009 by which the trial court has permitted the complainant to give evidence inspite of his general power of attorney’s evidence. Mr. Deshpande, the learned counsel for the applicant submitted that this is an attempt by the complainant to file an affidavit on the same lines which were disallowed by this court when this court rejected the amendment application. The apprehension is unfounded. If the amendment has been disallowed, it remains disallowed. Obviously, the trial court has not allowed the complainant to give evidence contrary to the original complaint. If the 2 complainant chooses to do so, it will be dealt with in accordance with law. That is however no reason to interfere with the order. Application is dismissed. (S. A. BOBDE, J.)