Ramesh Butaji Bhise v. Vilas Laxman Khandagle

2025:BHC-AUG:30639 1 935 WP 249-2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 935 CRIMINAL WRIT PETITION NO. 249 OF 2025 RAMESH BUTAJI BHISE

VERSUS

VILAS LAXMAN KHANDAGLE ...

Mr. S.R. Kedar - Advocate for Petitioner Mr. Angad L. Kanade - Advocate for Respondent ...

CORAM

: SACHIN S. DESHMUKH, J.

DATE : 24.09.2025 PER COURT :

1.

Heard.

2.

The challenge is raised by the petitioner/accused to the order dated 27.01.2025 rendered by the Judicial Magistrate First Class, Majalgaon, Dist. Beed, in S.C.C. No.638 of 2020, allowing the application of respondent/complainant below Exh.39, by which correction of the date of the agreement has been permitted.

3.

Learned Counsel for the petitioner submits that the said application for amendment is filed at a belated stage. The examination in chief of the complainant/respondent has been concluded and the cross-examination is conducted. The defence of the petitioner has been brought on record through cross-examination of the respondent. Resultantly, allowing the amendment in relation to the date of agreement at this juncture would

2 935 WP 249-2025.odt cause serious prejudice to the petitioner. As such, prayed to allow the petition.

4.

Per contra, learned Counsel for respondent has supported the order under challenge and prayed for dismissal of the petition. 5.

Perusal of the impugned order indicates that the learned Magistrate has duly considered the aforesaid aspects in the proper perspective. The petitioner is at liberty to recall the witness/respondent for reexamination in relation with the said issue. As such, no prejudice would cause to the petitioner.

6.

Thus, no error is noticed in the order under challenge. Resultantly, the same does not warrant any interference.

7.

Accordingly, the Writ Petition is dismissed.

[ SACHIN S. DESHMUKH ] JUDGE Pooja Kale/