IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 4028 OF 2005 CRIMINAL APPLICATION NO. 4028 OF 2005 CRIMINAL APPLICATION NO. 4028 OF 2005 Mr.Dinesh Shah ...Applicant V/s. GMAC-TCFC Finance Limited & Anr. ...Respondents Mr.I.B. Shah for the Applicant. Mr.J.P. Yagnik, APP for Respondent No.2. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. DATED : FEBRUARY 4, 2008 DATED : FEBRUARY 4, 2008 DATED : FEBRUARY 4, 2008 P.C. :- P.C. :- P.C. :- 1. Heard learned Counsel for the applicant. 2. The applicant takes exception to the order passed by the learned Metropolitan Magistrate whereby he was pleased to reject the application filed by the applicant for recalling PW1 for further cross-examination. The applicant had challenged this order of the learned Magistrate by filing Revision Application in the Sessions Court which has been rejected by the Sessions Court. 3. The learned Counsel appearing for the applicant submits that the witness could not be confronted with - 2 - certain material which was available with the accused. The learned Magistrate has observed that the accused did not disclose what was the material with which the PW1 was to be confronted with. No case is made out by the applicant for interfering with the order passed by the learned Magistrate. 4. Criminal Application is, therefore, dismissed. Rule is discharged. (V.M. Kanade, J.) (V.M. Kanade, J.) (V.M. Kanade, J.)