IN THE COURT OF LD.

METROPOLITAN MAGISTRATE
06th COURT AT SEWREE MUMBAI
C.C.NO. 2011/SS/2016
M/s. Asheesh enterprises …. Complainant
V/s.
Mr. Ashish Balram Nagpal .… Accused
:REPLY TO THE APPLICATION dated 09.10.2021 FOR
RECALLING OF P.W. NO.1 UNDER PROVISION 311 OF
CR.P.C.:
MAY IT PLEASE YOUR HONOUR:
The Accused most humbly submits as under:-
1. The aforesaid matter is for final arguments. The Complainant
states that in the aforesaid matter 313 statement has been
recorded on 28.01.2020 and thereafter the matter was placed for
final arguments since 24.03.2021 for final arguments. However after
being placed for final argument the complainant is trying to delay
the said matter by making the Application.
2. At the outset the said application is not maintainable and bad in
law. Since it has been preferred with malafide intention and
ulterior motives to start the matter afresh in the guise of recalling
the witness. The Complainant strongly objects on the said
application.
3. The Application for recalling of witness can be made only in case of
witness’s evidence appears to it to be essential to the just decision
of the case.
4. The complainant already placed on record to support of his
evidence two documents (1) Bank certificate of Union BNK of Indian
: Exhibit P1 and (2) Bank Statement of Union bank of India. The said
documents have been exhibited and it is proved that the
complainant i.e. Mr, Jawharlal Agicha HUF is the proprietor of M/s.
Asheesh Enterprises.
5. Moreover the cross examination of CW No.1 Jawharlal dated
03.10.2018 , it is came on record that
“I am Proprietor of Ms. Asheesh Enterprises. It is true to say that, I
have mentioned in the complaint and affidavit that I am filing his
 complaint as Karta of H.U.F. I disclosed the facts that I am
proprietor of Ms. Asheesh Enterprises and Karta of H.U.F. to my
bank and to income tax department. It is true to say that, I have
filed case against the same accused vide C.C. No. 33/SW/2018
before the Metropolitan Magistrate, 25 th Court, Mazgaon, Mumbai
and order under section 156(3) of the Cr.P.C. is passed in the
matter and offence is registered with police station Byculla”.
So the proper opportunity had been given to the Accused cross
examination of the complainant to raised issue of existence of
Jawaharlal Agicha (H.U.F.). At the time of cross examination, the
learned Advocate for accused asked the question and the
complainant answered that he is proprietor of Ms. Asheesh
Enterprises and he filed complaint as a Karta of H.U.F. and
produced documents for the same.
6. On the perusal of the contention raised by the Accused that he
wanted to bring on record existence of Jawaharlal Agicha (H.U.F.) it
Karta and Co-parceners. After analyzing the entire evidence it is
crystal clear that there is existence of Jawaharlal Agicha (H.U.F.)
and the learned Advocate for the Accused put the question in this
regards. So there is no question arises to raised issue of existence of
Jawaharlal Agicha (H.U.F.) again and again though it was proved
beyond reasonable doubt the existence of Jawaharlal Agicha
(H.U.F.).
7. The complainant states that Accused is trying to delay the trial and
is also trying to cause mental, physical & economical abuse to the
Complainant.
8. The complainant states that nowhere in the entire application the
complainant has made out any ground recalling the witness since
abovesaid documents produce before this Hon’ble Court for
existence of Jawaharlal Agicha (H.U.F.) and testimony of the CW
No.1 crystal clear that existence of Jawaharlal Agicha (H.U.F.).
9. Therefore it is most humbly prayed that in the interest of justice
this Hon’ble court be pleased to reject the application for recalling
witness with exemplary cost Rs.50,000/- and matter is placed for
final hearing in the interest of justice and fair trial.
Obliged
Mumbai
Date: 11.10.2021

For Nagi & Associates

H.H.Nagi/Ms. Solanki Chaula

Advocates for Accused