IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 209 OF 2008 CRIMINAL APPLICATION NO. 209 OF 2008 CRIMINAL APPLICATION NO. 209 OF 2008 Dinesh T. Thakkar .... Applicant versus The State of Maharashtra ...... Respondent. Shri T.Radhakrishnan for the applicant.’ Shri S.R.Shinde APP for State. CORAM; A.P. DESHPANDE, J. CORAM; A.P. DESHPANDE, J. CORAM; A.P. DESHPANDE, J. DATED; 25TH FEBRUARY, 2008 DATED; 25TH FEBRUARY, 2008 DATED; 25TH FEBRUARY, 2008 P.C.; P.C.; P.C.; 1. The respondent has filed a complaint under section 138 of N.I. Act. The evidece of the complaiant was over. Thereafter the evidence of the accused was also recorded and when the case was fixed for argument, an application came to be moved on behalf of the accused for recalling of the complainant for a further cross examination under section 311 of Cr.P.C. The application came to be rejected, as the trial court found that the accused is trying to prolong the case and that recalling of the witness for further cross examination was not necessary for the just decision of the case. The said order was challenged by filing a revision and after dismissal of the revision, the present criminal application has been filed invoking secion 482 of Cr.P.C. The only ground that has been urged for recalling of the complianant for further cross examination is that the lawyer who conducted the matter then, did not effectively cross examine the witness, and in the opinion of the lawyer subsequently engaged, some more questions need to be asked. Nothing has been demonstrated by placing on record the copy of the deposition of the witness and the cross examination that the lawyer engaged earlier has not properly cross examined the witness. In view of the fact that the trial court has found that it is not necessary for just decision of the case to recall the witness, no exception can be taken to the impugned order. In the result the application is rejected. ....