1 Criminal Writ Petition No.487/2011 IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO.487 OF 2011 Nisar M. Langrana ... PETITIONER VERSUS Shri M.R. Shah, deceased L.Rs. Smt. Arvindaben Manubhai Shah & ors. ... RESPONDENTS ..... Shri N.B. Suryawanshi, Advocate for petitioner ..... CORAM : K.U. CHANDIWAL, J. DATED : 29th June, 2011. PER COURT : 1. Heard. No notice to respondent (original complainant). 2. In S.T.C.C. No.179/2000, the complainant moved an application below Exh. 116 to produce the stamped document purportedly signed by the accused/ applicant and to read the same in evidence. This was objected to by the accused/ applicant. However, the learned Judge allowed the same and hence the present petition. 2 Criminal Writ Petition No.487/2011 2. On going through the entire text of the complaint filed under Section 138 of the Negotiable Instruments Act, Exh. 116, the supporting affidavit and the very stamp, I find that it was based on the distributor arrangement between the complainant and the accused/ applicant. Rs.3 Lakhs were accepted as security deposit, however, goods were not sent to the distributor. The stamp paper shows acknowledgement of Rs. 3 Lakhs as deposit. In discharge of part liability, the purported cheque was allegedly issued. Considering these aspects, it will seldom be amounting to filling in lacunae in the evidence by production of the stamp paper. Any omission not deliberate on the part of the counsel for the complainant, not going to the root of the matter, would not be a afterthought. Consequently, the challenge to the production of the stamp paper is uncalled for. Criminal Writ Petition rejected. (K.U. CHANDIWAL, J. ) fmp/cwp487.11