( 1 ) IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO. 206 OF 2009 Subhash s/o Dattu Patil PETITIONER VERSUS Fayaz Khan s/o Ahmed Khan RESPONDENT ..... Mr. Joydeep Chatterji, advocate for the petitioner. Mr. S.V. Gangapurwala, advocate for the respondent. ..... [CORAM : V.R. KINGAONKAR, J.] [DATE : 31st July, 2009] PER COURT : 1. Heard. 2. The summary case bearing S.C.C. No. 2780/2005 is pending at the stage of arguments. The petitioner is original accused and seeks recalling of the complainant for cross-examination. Admittedly, already the cross- examination is conducted. It appears that earlier also, the petitioner had filed similar application. This Court rejected the petition filed by the petitioner for identical prayers. It is contended that the respondent/complainant himself is facing prosecution for offence punishable under section 138 of the Negotiable ( 2 ) Instruments Act and is also involved in a civil suit. After revealation of such information, a request was made to allow further cross-examination in order to show that the respondent/complainant could not have financial resources to lend the money about which allegedly the cheque was issued. The learned Judicial Magistrate rejected the request. It has been held that the petitioner would be at liberty to file documentary evidence and may examine witnesses in support of his defence if a case is made out. One cannot be oblivious of the fact that the proceedings are of summary nature. In view of this, the concurrent orders of the trial Court and the revisional Court cannot be faulted with. Consequently, the writ petition is dismissed. [ V.R. KINGAONKAR ] JUDGE NPJ/CRIWP206-09