[-1-] IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL W.P.NO.2267 OF 2008 Mercury Traders ..Petitioner Vs. Shishir Ratilal Gandhi & Ors. ..Respondents ... Mr. M.R.Deshpande advocate for Petitioner Mr. S.K.Jain Adv. for Respondent no.1 Mr.S.S.Shah Adv. for Respondent no.3 Mr.Shrishail Sakhare Adv. for Respondent no.9 Mr.S.R.Shinde A.P.P. for the State ... CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. DATE : NOVEMBER 18, 2008 DATE : NOVEMBER 18, 2008 DATE : NOVEMBER 18, 2008 P.C. P.C. P.C. 1. Heard the learned advocate for the petitioner, the learned advocates for respondent nos. 1, 3 and 9 and the learned A.P.P. for the State. 2. Respondent no.1 filed an application under section 133 of Cr.P.C. before Respondent no.11 i.e. Sub-Divisional Officer, Solapur Division, Solapur. In the said proceedings, show cause notice came to be issued against the petitioner. After the receipt of the show cause notice, the petitioner preferred application before the Sub-Divisional Officer to lead oral or documentary evidence before passing any conditional order. The Sub-Divisional Officer rejected the said [-2-] application on the ground that no conditional order had been passed under section 133 of Cr.P.C. and once conditional order under section 133 of Cr.P.C. is passed, a chance would be given to the applicant to lead evidence. After observing this, the said application came to be rejected. 3. It is seen that no conditional order has been passed under Section 133 of Cr.P.C. Taking of evidence as deemed fit by the Sub-Divisional Officer is visualised only after conditional order has been passed. In the present case, no conditional order has been passed. Hence, no right accrues to the petitioner to lead evidence. If and when the order under Section 133 of Cr.P.C. is passed, the petitioner may be allowed to lead evidence. In view of the provisions, no case is made out for interference. As only show cause notice is issued, it would be open to the petitioner to reply the said show cause notice but at this stage, leading of evidence is not visualised. 4. Petition is rejected. [-3-] [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.]