1 Cri.WP231/2011 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO.231/2011 Shri Sandeep s/o Shrikisan Loya - PETITIONER VERSUS Shri Sadguru Gramin Bigar Sheti Sahakari Patsanstha Ltd. Ahmednagar. - RESPONDENT ***** Mr.BN Palve, Advocate for Petitioner; ----- CORAM : K.U.CHANDIWAL, J. DATE : 27th June, 2011. PER COURT : 1) Heard Mr. Palve, learned Counsel for the accused/Petitioner. No notice to respondent. The matter is finally heard. 2) In a proceeding under Section 138 of the Negotiable Instruments Act, Mr.Palve points, supported by record, that the matter was at the stage of judgment and the learned Judge entertained the application below Exhibit-54 in STC No.819/2008, to call witnesses from Ashok Sahakari Bank Ltd. and also from ICICI Bank in respect of the cheque concerned. 2 Cri.WP231/2011 3) The learned Judge has assigned the reasons in paragraphs 5 and 6 of his order to the effect, - though there is presumption in terms of Section 146 of the Negotiable Instruments Act, the bank memo issued by the banker to the accused does not bear seal of the bank and signature of any authority of the said Bank. Consequently, it was imperative to get clarification. That apart, it was not by surprise the accused/applicant is taken for some witnesses are named witnesses in the complaint. The exercise of powers under Section 311 Cr.P.C. by the learned Judge was, in the set of situation, in tune with the record, even if the matter was old of 2008. I do not see the discretion exercised by the learned Judge is uncalled for. Criminal Writ Petition lacks merit, dismissed. No costs. ( K.U.CHANDIWAL ) JUDGE bdv/