Balraj Singh Mander v. Moti C. Mehta And ANR

SMITA JOHNSON GONSALVES JOHNSON GONSALVES Date: 2023.01.07 10:34:12 +0530 sg 1/2 25.apl1149-22.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1149 OF 2022 Balraj Singh Mander ..

Applicant v/s.

Moti C. Mehta And Anr.

..

Respondents ....

Mr. S.R. Gupta, for the Applicant.

Mr. A.R. Patil, APP, for State.

....

CORAM: R.G. AVACHAT, J.

DATE : 5 JANUARY 2023.

P.C:- Heard.

2.

The challenge in this application is to the order permitting the Respondent/complainant to adduce evidence in respect of Government Gazette of change of his name. The Applicant herein is the original accused in C.C No.2522/SS/2014. The learned Advocate for the Applicant would submit that the arguments in the matter were over. Attention of this Court was drawn to cross-examination of the complainant, wherein the Respondent/complainant admitted that his name is Motilal Chunilal Mehta. He was confronted with copy of certificate of registration of the firm. The certificate was issued in the name of Motilal C. Kanungo. That time, the Respondent/complainant

sg 2/2 25.apl1149-22.doc claimed that he is the very person but there is only change in his surname. He wants to place on record the Government Gazette for the purpose of the same. According to learned Advocate, it is nothing but an exercise to fill lacunae in the case.

3.

After having gone through the order impugned herein, this Court is of the view that the trial court in the facts and circumstances of the case has rightly exercised its discretion and permitted the Respondent/complainant to place on record the Government Gazette suggesting change in his surname. This Court finds no reason to interfere with the order impugned herein.

4.

Application stands dismissed.

(R.G. AVACHAT, J.)