bsb IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL CRIMINAL CRIMINAL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT WRIT WRIT PETITION NO. 1138 OF 2008 PETITION NO. 1138 OF 2008 PETITION NO. 1138 OF 2008 Trimurti Nagari Sah. Pat Sanstha Maryadeet, Jaysingpur, Tal. Shirol, Dist. Kolhapur. ... Petitioner v/s Arvind Yashwant Patil & anr. ... Respondents Mr.P.D.Dalvi for the petitioner. Smt.A.A.Mane, A.P.P. for the State. CORAM: CORAM: CORAM: SMT.NISHITA MHATRE, J. SMT.NISHITA MHATRE, J. SMT.NISHITA MHATRE, J. DATED: DATED: DATED: 9TH JUNE, 2008 9TH JUNE, 2008 9TH JUNE, 2008 P.C. P.C. P.C.: 1. The contention raised by the petitioner in this petition is that the J.M.F.C., Jaisingpur, has committed an error in refusing the application made for recalling the witness under Section 311 of the Code of Criminal Procedure. The notice issued by the petitioner-complainant demanding from the accused the payment of the amount for which the cheque had been dishonoured has not been produced by the complainant. The J.M.F.C. has rightly held that the document is not referred to by the complainant in its evidence. In these circumstances, the Court has rightly rejected the 2 application made for recalling the witness under Section 311 of the Cr.P.C. as this would afford liberty to the complainant to fill in the lacuna in his evidence. 2. Petition rejected.