bsb IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL CRIMINAL CRIMINAL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT WRIT WRIT PETITION NO. 806 OF 2008 PETITION NO. 806 OF 2008 PETITION NO. 806 OF 2008 European Investments Ltd. ... Petitioner v/s Triumph International Finance India Ltd. & 7 ors. ... Respondents Mr.S.V.Marwadi for the petitioner. Mr.S.S.Parab for respondent Nos.1 to 7. Mr.A.A.Mane, A.P.P. for the respondent No.8 State. CORAM: CORAM: CORAM: SMT.NISHITA MHATRE, J. SMT.NISHITA MHATRE, J. SMT.NISHITA MHATRE, J. DATED: DATED: DATED: 2ND MAY, 2008 2ND MAY, 2008 2ND MAY, 2008 P.C. P.C. P.C.: 1. The petitioner is concerned about certain observations made by the Special Metropolitan Magistrate & Small Causes Court Judge, Mumbai, on 24.3.2008. These observations are as follows:- "Considering all these facts it is apparent on the face of the record that an attempt has been made by the representative of the complainant and the advocate of the complainant on record create a false and adverse record. The said attempt therefore requires to be turn down. Accordingly Exhibits "170" and "172" shall stand 2 rejected." 2. The learned advocate for the petitioner submits that certain questions which were put to the witness in cross-examination have been answered by this witness. However, while recording the evidence, the learned Magistrate has not recorded the entire evidence but has taken only part of the answers given. 3. From the notes of evidence, it appears that, the Magistrate has recorded only that part of the answer which was necessary according to him in view of the question asked in cross-examination. The advocate for the petitioner has placed on record that part of the answer which was volunteered by the witness by way of a purshis. 4. This purshis cannot amount to creation of false or adverse record as it merely records that part of the answer which was volunteered by the witness and not recorded by the learned Magistrate. 5. The learned Magistrate has already recorded his observations and comments in parenthesis while recording the evidence. It is expected that at the time of delivering the judgment he would assess the evidence on 3 record and consider the remarks he has recorded in parenthesis. He would also at the same time take note of the purshis which has been filed on record by the advocate for the petitioner regarding the voluntary statements made by the witness. 6. In my opinion, therefore, merely because an advocate places on record a purshis containing the statements volunteered by the witness, this would not amount to creation of false and adverse record by either the advocate or the complainant. The observations made by the Special Metropolitan Magistrate, Small Causes Court, Mumbai as culled out above, in para 1 of this order, are set aside. 7. Writ petition disposed of accordingly.