1 APPLN.34-2011.sxw acd IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 34 OF 2011 Dr. Prakash D. Pandya ..Applicant. Vs. State of Maharashtra & Anr. . .Respondents. ---- Mr. Kishor Jain a/w Mr. Tushar Garodia i/b O.P. Dubey, for the applicant. Mr.S.A. Shaikh, APP for the State-respondent no.1. Mr. Sandeep Kekane, for respondent no.2. ---- CORAM: U. D. SALVI, J. APRIL 18, 2011. P.C.:- Heard. Perused the application. 2 It is pointed out from the evidence of the complainant, copies of which have been placed before the court, that the demand notice was duly served on the accused and the accused had acknowledged the receipt of the said notice on 19.9.2006 with endorsement made on the office copy of the notice, and the accused did not step into the witness box to controvert the facts disclosed in the evidence of the complaint. 2 APPLN.34-2011.sxw 3 It has been pointed out that the accused did lodge his affidavit dated 11.8.2009 to mark beginning of his evidence. However, he shied away from the cross-examination for the reasons best known to him. 4 Mr. Kekane, the learned Advocate on instructions from respondent no.2 declined to offer himself (the respondent no.2) before the trial court for facing the cross-examination in oder to complete his story of defence. Deserves leave. Leave is granted. 5 Admit. 6 R. & P. be called. Private paper book be furnished. Permission is granted to substitute rendition of the impugned order in English with a correct one. (U. D. SALVI,J.)