mpt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 2660 OF 2009 M/s.Garware Synthetics Ltd. & ors. ... Petitioners versus K.M.Enterprise & Anr ... Respondents ... Mr. Subodh Desai i/b S.R.Page for the petitioner Mr.Sandeep C. Kekane for respondent no.1. Ms.M.H. Mhatre APP for the State. CORAM : D.G. KARNIK, J. DATED : 19th November 2009 P.C. 1. I am not inclined to exercise an extra ordinary writ jurisdiction under Article 227 of the Constitution of India as the petitioner is guilty of misrepresentation and suppression of facts. Learned counsel for the petitioner argued before me that the cross examination was over on 27th February 2009 and the application for recalling of the witness was made on 23rd June 2009 i.e. after four months of the cross examination being over. 2. The statement that the cross examination was over on 27th February 2009 is ex-facie incorrect. Petitioner has annexed copy of the cross examination of PW no.3 Mr.Santosh Borkar. On page 21, the Magistrate has endorsed has follows"- Cross examination of the witness is deferred as advocate for the accused submits that further cross can be conducted after producing the documents on record." sd/- Metropolitan Magistrate 27/2/200 It is thus clear that the cross examination was not over on 27th February 2009 but misrepresentation was made to me that the cross was over on 27th February 2009. 3. For these reasons, petition is dismissed. (D.G. KARNIK,J.)