- 1 - 2078 + rng IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.2078 OF 2011 Ketan Vakaria .. Petitioner vs 1.Mr.Sanjay J.Selarka .. Complainant- 2.State of Maharashtra Respondents Mr.Ashutosh Kandeparkar for Petitioner Ms.M.M.Deshmukh APP for Respondents CORAM: K.U.CHANDIWAL, J DATE: 8th September,2011 P.C. 1. Heard the learned counsel for the Applicant-Accused. By this Application recalling of complainant is question. 2. The learned counsel submits that production of the documents sought in terms of order below Exhibit 15 namely Deed of Partnership dated 1.4.2003 and letters dated 9.7.2005 and 8.7.2005 could not have been - 2 - 2078 done barring the Deed of Partnership as it was only referred to in the cross- examination. Allowing of the production of other documents by the learned judge has caused imbalance in the case. Learned counsel submits that in exercise of powers in terms of section 311 of Cr.P.C. by the learned judge after the stage of recording the statement of Accused-Applicant under section 313 Cr.P.C. is certainly to fill in the lacunae in the complainant s case. 2. In the matter of RAJENDRA PRASAD VS NARCOTIC CELL 1999 SUPREME COURT CASES (Cri) 1062 and MOHANLAL vs UNION OF INDIA 1991 Supp (1)SCC 271, the Hon'ble Supreme Court while dealing with identical situation in respect of exercise of powers under section 311 of Cr.P.C. have informed that lacuna in the prosecution case is not to be equated with the fallout of an oversight by the - 3 - 2078 party. No party in a trial can be foreclosed from correcting errors. 3. The order of the learned Judge speaks that the Complainant to be recalled. That implies that the Accused-Applicant has a right to cross-examine the Complainant on three documents referred to earlier. Reading the tenor of the cross-examination at page 48 it demonstrates such eventualities was imperative to be done. Consequently, I do not see any error in the order recorded by the learned Judge. Application dismissed. K.U.Chandiwal,J