1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO. 505 OF 2009 Deepak s/o Ramchandra Naik .. PETITIONER VERSUS Devidas Baburao Shukla .. RESPONDENT Shri A.S. Sawant, Advocate for the petitioner. ===== CORAM : R. M. BORDE, J. DATE : 6 th July, 2009. PER COURT : 1 Application presented in pending proceeding before the trial court by the petitioner herein / original accused requesting the court to recall the witness in exercise of powers under section 311 of the Code of Criminal Procedure came to be rejected and the order of rejection passed by the learned trial Judge is subjected to challenge in the instant petition. 2 Petitioner is being prosecuted under section 138 of the Negotiable Instruments Act and, during the course of trial, complainant examined a postman to prove the endorsement appearing on the pocket contending notice issused to the accused / petitioner herein. According to the accused / petitioner, certain relevant questions which were required to be put to the postman were not put and, as such, the accused / petitioner seeks recall of the witness. Trial court considering the relevant aspect has rejected the application. Considering the interlocutory nature of the 2 proceeding, this is not a fit case to probe into the correctness or otherwise of the order in exercise of extra ordinary jurisdiction under Article 227 of the Constitution of India. Writ petition is devoid of substance. Hence rejected. ( R. M. BORDE, J.) dyb/office/cwp505.09.odt