Bhulaxmi Poultry Farm Rep. By Partner Kunde K. Kistaiah And Another v. M/S Pradeep General Merchants And Commission Agents Rep By Prop. Pravin Pradeep Bargale
2025:BHC-AUG:30043 12-CrWP-1325-25.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO. 1325 OF 2025 BHULAXMI POULTRY FARM REP. BY PARTNER KUNDE K. KISTAIAH AND ANOTHER
VERSUS
M/S PRADEEP GENERAL MERCHANTS AND COMMISSION AGENTS REP BY PROP. PRAVIN PRADEEP BARGALE ...
Advocate for Petitioners : Mr. Fayaz K. Patel ...
CORAM : SACHIN S. DESHMUKH, J.
DATE : 22-09-2025 PER COURT:- 1.
Heard.
2.
The petitioners/original accused in S.C.C.No.2441 of 2015 proceeding under Section 138 of the Negotiable Instruments Act, 1881 (in short, "NI Act"), have challenged order dated 01.08.2025 rendered by the learned Judicial Magistrate First Class, Latur, allowing the respondent/complainant to produce on record the document original Bill No.2144 dated 17.07.2013. 3.
The solitary objection raised by the petitioners is in respect of the production and exhibition of the aforesaid original bill. It is submitted that permitting the complainant to produce such document at belated stage would amount to unwarranted and unjustified opportunity to the complainant and, therefore, order under challenge is unsustainable and liable to be quashed and set aside.
12-CrWP-1325-25.odt 4.
Admittedly, this Court, by its earlier order dated 13.06.2025, in Criminal Writ Petition 1199 of 2023, has already permitted the respondent herein, to place on record the said document. Equally, the petitioners were also granted liberty to cross-examine the complainant on the said issue. As such, no prejudice is caused to the petitioners on account of production of the document. 5.
In the light of aforesaid factual position, this Court finds that the learned Magistrate has exercised judicial discretion in proper perspective and has further ensured a fair opportunity to the litigating sides. Therefore, no interference is warranted in the order under challenge.
6.
Accordingly, the criminal writ petition stands dismissed. [SACHIN S. DESHMUKH] JUDGE rrd