1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. Criminal Writ Petition No. 134/2010 Amolsingh Udaysingh Pardeshi V/s. Sau. Shraddha Amolsingh Pardeshi and others ----------------------------------------------------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's Orders. ----------------------------------------------------------------------------------------------------------------------------------------- Mr. S. S. Deshpande, Counsel for Petitioner Coram: A.P. Bhangale, J Dated : 3rd August 2011 1. Heard. 2. The petitioner has questioned the order dated 12th February 2010, passed by the learned Judicial Magistrate, First Class, Malkapur in Criminal Complaint No. 150/2008. It is grievance of the petitioner that learned trial Magistrate ought to have granted permission to the petitioner to plead change in the circumstances as petitioner was anxious to bring on record the fact, that “his service was terminated with effect from 25/10/2009”, which would have bearing on final decision in the criminal complaint case regarding ability of the petitioner to pay the maintenance as also the quantum of maintenance. The fact was sought to be challenged at the time when petitioner was under cross-examination. The learned trial Magistrate was 2 pleased to reject the application on the ground that sufficient opportunity was given to the petitioner and, therefore, he cannot prolong the proceedings. 3. Be that as it may, none of the respondents appeared though duly served. Considering the impugned order which was passed when the petitioner was under cross-examination therefore, learned trial Magistrate erred in not allowing the further proposed evidence on behalf of the petitioner which could have bearing on final decision in the criminal complaint case. Hence, impugned order is set aside. Learned trial Magistrate is directed to allow the petitioner to produce documentary evidence, if any, regarding change in the circumstances. The documents, if any, shall be produced along with list and the complainant shall be called upon to admit or deny the documents produced by the petitioner. 4. The petition is disposed of accordingly. JUDGE Punde