1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.2891 OF 2008 WITH CRIMINAL APPLICATION NO.2892 OF 2008 M/s.Rite Tyaim Advertising & Marketing Pvt Ltd. ..Applicants & anr. V/s. M/s.Zee Entertainment Enterprises Limited & anr. ..Respondents Mr.Ketan A. Chothani, Advocate, for the applicants Mr.M.K.Kocharekar, Advocate, for opponent No.1 Mr.Y.S.Shinde, A.P.P, for the State CORAM : A.S.OKA, J. DATE : 19TH SEPTEMBER, 2008 P.C. . Heard the learned counsel appearing for the applicants and the learned counsel appearing for first respondent. The first respondent is the complainant in a complaint filed under Section 138 read with 141 of the Negotiable Instruments Act, 1881. After the complaint was closed for Judgment, an application was made on 2 behalf of the applicants (original accused) under Section 311 of the Code of Criminal Procedure, 1973 praying for permission to examine one Mr.Sanjay Jain, who purportedly acted as the authorized signatory of the first opponent in a Civil suit filed by the first respondent and another in the High Court of Judicature at Madras. The said application has been rejected by the learned Magistrate. This is the Order impugned in this application. The submission of the learned counsel appearing for the applicants is that the applicants want to rely upon the assertions made in the plaint filed by the first respondent in Madras High Court. As according to the applicants, there are certain admissions in the plaint. He, therefore, submitted that the application under Section 311 of the said Code ought to have been allowed. 2. I have considered the submissions. The prayer made by the applicants in the application is for summoning the authorized representative of the first respondent as a defence witness. The said prayer has been rightly rejected. 3 3. At this stage, the learned counsel appearing for the applicants invited my attention to the prayer made in the alternative of seeking permission to produce a certified copy of the plaint and a certified copy of the affidavit of Mr.Sanjay Jain filed in the said suit in Madras High Court. He states that if the permission for production of the said documents is granted, the said documents will be filed by the applicants on the next date i.e.24th September, 2008. In my view, the said prayer is reasonable and deserves to be granted. Hence, I pass the following order. (i) The applications are dismissed. (ii) If the applicants produce a certified copy of the plaint in a Civil Suit No.301 of 2008 filed by the applicants in Madras High Court along with a certified copy of the affidavit of Mr.Sanjay Jain, the learned Trial Judge will allow production of the said documents. (iii) Parties and the concerned Court will act upon an authenticated copy of this Order. (A.S.OKA, J.) 4