1 wp1226.09.sxw IN THE HIGH COURT OF JUDICATURE OF BOMBAY CRIMINAL APPELLATE JURISDICTION. Criminal Writ Petition No. 1226 of 2009 M/s. Valay Constructions Pvt. Ltd. & anr. ....Petitioners v/s. Khayaliram Tanchand Punjabi & anr. ....Respondents Mr. Sagar Kusar for the petitioners. Mr. Ashok B. Tajane for respondent no.1. Ms. A.T.Jhaveri-APP for the State CORAM: B.R. GAVAI, J. 29th July, 2011 PC: The petition arises out of the order dated 28th January, 2009 vide which the application filed by the present petitioner for adducing additional evidence under Section 391 of Code of Criminal Procedure has been rejected. 2. The learned Appellate Court has found that had the petitioner exercised due diligence, such an evidence could have been adduced on the stage of trial itself. 3. No perversity is noticed to warrant interference. Rejected. (B.R. GAVAI, J)