APPLN.4072-10 - 1 - VPH IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION No. 4072 OF 2010 Narendar K. Deshmukh ...Applicant Vs. Reliance Capital Limited & Anr. ...Respondents *** Mr. S. J. Shelke, for the Applicant. Mrs. V. R. Bhonsale, APP for Respondent No.2. *** CORAM: V. M. KANADE J. DATE : SEPTEMBER 14, 2010 P.C. 1. Heard the learned counsel for applicant. The applicant is challenging the order passed by the learned Sessions Court, rejecting the application for recalling witness (PW 1) under S. 311 Cr.P.C. Initially, the application was moved by the applicant on 4-9-2010. The said application, however, was not decided by the learned Magistrate and asked applicant to first lead the evidence and observed that, application under S. 311 Cr.P.C. will be decided thereafter. However, again the applicant renewed his request for deciding the said application and APPLN.4072-10 - 2 - therefore, by a reasoned order, the said application has been rejected. The trial Court has observed that in the application, the applicant has not mentioned the questions which he wants to put to the complainant. The trial Court observed that merely making a submission that applicant wants to put some questions to the witness is not sufficient. Therefore, the said application was rejected. 2. The learned counsel for the applicant submitted that certain documents were not on record of the trial Court. The applicant wanted to cross-examine PW 1 in respect of said documents. However, the said questions were disallowed. The trial Court has in its order observed that the applicant is at liberty to approach the higher authority by challenging the said order of the Court, not permitting him to put those questions. In my view, there is no infirmity in the said order. If document has not been on record and if it is not admissible in law, it is always open for the applicant to challenge the said order by approaching the appropriate forum. There is no substance in the submissions made by the learned counsel for the applicant. Hence, the criminal application is dismissed. [ V. M. KANADE J.]