:1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE APPELLATE SIDE APPELLATE SIDE CRIMINAL APPLICATION NO.3995 OF 2007 CRIMINAL APPLICATION NO.3995 OF 2007 CRIMINAL APPLICATION NO.3995 OF 2007 Gini & Jony Ltd. & ORs. ...Applicants. v. Kanodia Fashions & Anr. ...Respondents. Mr.B.Palai, adv. for the Applicants. Mr.Y.S.Shinde, APP for the Respondent/State. CORAM: CORAM: CORAM: J.H.BHATIA,J. J.H.BHATIA,J. J.H.BHATIA,J. DATE: 11th January, 2008. DATE: 11th January, 2008. DATE: 11th January, 2008. P.C. P.C. P.C. 1. Heard the learned counsel for the applicant, who is the original accused. 2. It is the case that the complainant had examined himself and he was also cross-examined at length and no question was put to him about any particular document nor he was asked to produce any cheques or books of accounts at that time. Later on, the accused made a request seeking direction to the complainant to produce books of accounts, income-tax returns and audited balance-sheets for the year 2003-05. The learned trial Court rejected that request on the ground that all these documents were irrelevant and no question was put to the complainant during the cross-examination. 3. Another application was made by the accused :2: calling the complainant as defence witness. He also sought direction to call the manager of Oriental Bank of Commerce. The learned Magistrate allowed the request to call the Manager but rejected the prayer of the accused to call the complainant and her attorney as defence witnesses on the ground that such course can not be adopted when both of them have already given evidence for themselves and they were being cross-examined by the defence counsel. I find no illegality or irregularity in the impugned order. Time and again practice of calling the complainant as defence witness has been deprecated by the Courts. There is no substance in the application. Application stands rejected. (J.H.BHATIA,J.) (J.H.BHATIA,J.) (J.H.BHATIA,J.)