1 WP-232-10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION Mhi CRIMINAL WRIT PETITION NO. 232 OF 2010 Brij Mohan Bagri ... Applicant (Orig.accused No.4) vs. State of Maharashtra & Anr. ... Respondents Mr. A.N.Pathan, i/b. Rishi Bhuta, Advocate, for the applicant. Mr.Y.S.Shinde,APP, for the respondent No.1. CORAM: J.H.BHATIA,J. DATE : 10th August, 2010. P.C. 1. Heard the learned Counsel for the parties. 2. Respondent No.2 - Dena Bank is the complainant and on the basis of that complaint, Criminal Case No.3146/SS/2005 is pending in the Court of Special Metropolitan Magistrate. The complainant made an application on 9.4.2009 before the trial Court seeking permission to lead secondary evidence as the original cheque with return memo from the Bank as well as Postal receipts and acknowledgments were misplaced. Permission was granted. The said order was challenged by the present applicant, who is accused No.4, by filing a revision application before the Sessions Court. The Revision Application was also 2 WP-232-10.sxw dismissed. 3. On perusal of the record, it appears that the trial Court has only granted permission to the complainant to lead secondary evidence as the original record has been lost or misplaced and is not traceable inspite of best attempts made by the complainant. In view of the facts and circumstances, I do not find this case to be fit to interfere under Article 227 of the Constitution of India. The applicant can cross-examine the witnesses for the complainant to show that the original record is not lost or that there was no valid reason for not producing the original documents during trial. 4. For the aforesaid reasons, the Petition stands dismissed. (J.H.BHATIA,J.)