1 IN THE HIGH COURT OF BOMBAY AT GOA CRIMINAL WRIT PETITION NO.109 OF 2011 Mr. Antonio Ernesto Pereira, aged 44 years, businessman, Resident at House No.181, Abade Faria Road, Margao, Goa. …. Petitioner V/s 1. Mr. Grayson de Jesus Serrao, aged about 37 years, married, Civil Engineer, Indian National, Resident of House No.26-K, Sivodem, Margao, Goa. 2. STATE, Through P.P. …. Respondents Shri Arun Bras De Sa, Advocate for the Petitioner. Shri C.A. Coutinho, Advocate for the Respondent no.1. Shri C.A. Ferreira, Public Prosecutor for Respondent No.2. CORAM : F.M. REIS, J. DATE : 14th DECEMBER, 2011 JUDGMENT : Heard Shri Arun Bras De Sa, learned Counsel appearing for the petitioner, Shri C.A. Coutinho, learned Counsel appearing for respondent no.1 and Shri C.A. Ferreira, learned Counsel appearing for respondent no.2. 2 2. Rule. Heard forthwith with the consent of the learned Counsel. Learned Counsel waive service on behalf of the respondents. 3. The above petition challenges the order passed by the learned Sessions Judge in Criminal Appeal No.46/2010 whereby the application filed by the petitioner to produce additional document came to be rejected. 4. After hearing of the above petition for some time, Shri Arun Bras De Sa, learned Counsel appearing for the petitioner, upon instructions from the petitioner, states that the petitioner restricts his prayer to produce Bank Statement of Saraswat Bank of Account No.8287 only. Learned Counsel for the petitioner does not press for production of the remaining documents sought to be produced by the petitioner which came to be rejected by the learned Sessions Judge. 5. Shri C.A. Coutinho, learned Counsel appearing for respondent no.1, in fact, does not object in case the said bank 3 statement is allowed to be produced by the petitioner, though according to the learned counsel the said document is not relevant to the matter in controversy. 6. Considering the facts and circumstances of the case and taking note of the submissions of the learned Counsel appearing for the parties, I find that the impugned order passed by the learned Sessions Judge deserves to be modified and the petitioner is to be permitted to produce the said Bank statement of Saraswat Bank on record of Criminal appeal No.46/2010. By consent of both the Counsel, the said bank statement is directed to be taken on record and marked as exhibit by the learned Sessions Judge. The issue of the relevancy of the said document is left open. 7. In view of the above, I pass the following order: O R D E R (i) Petitioner is permitted to produce the bank statement of Saraswat Bank referred to herein above in support of their contentions in Criminal Appeal No.46/2010. (ii) The said statement is directed to be taken on record and marked as exhibit by the learned Session Judge. The issue of relevancy of the said document is left open. 4 (iii) Rule in the above terms. (iv) Petition stands disposed of accordingly. F.M. REIS, J. NH/-