Re-examination of a witness is permissible to clarify ambiguities or introduce necessary documents, not merely to fill gaps in evidence, ensuring a just decision.

JUDGMENT :-

Y. G. KHOBRAGADE, J.

1. Rule. Rule made returnable forthwith and with consent of both the sides, the matter is heard finally.

2. By the present Petition, under Article 227 of the Constitution of India, the Petitioners take exception to the order dated 29.06.2024, passed below Exh.180 in R.C.C. No.370 of 2009 by the learned Judicial Magistrate First Class, Mudkhed, thereby permitted the prosecution to re-examine the witness PW-3 to prove the documents i.e. Articles 1 to 101 enlisted in Exh.147.

3. Mr. Gangakhedkar, the learned counsel for the Petitioners canvassed that, on 26.10.2007, the informant Haibati Rakhmaji Mandave lodged a report alleging that, the Petitioner No.3, Abdul Rashid Khan S/o. Pasha Khan was working as EDMC in Mudkhed Post Office. The Petitioner No. 2, Zohra Begum Abdul Rashid Khan was appointed as a Women Regional Savings Agent under the scheme of ‘Mahila Pradhan Kshetriya Bachat Yojana’ as per licence No.NND1404, granted by the District Magistrate, Nanded on 29.08.1994. As per said scheme, the petitioner No. 2, has to collect recurring deposits from the account holders and she required to deposit the said collected amount with the Post Office in the accounts of the recurring depositors and to make entries. The post office had issued passbooks to recurring depositors. It is further alleged that, during the period starting from 09.02.2004 to 28.08.2006, the Petitioner No. 2, Johra Begum Abdul Rashid Khan and the Petitioner No. 3, Abdul Khan collected huge amount being Agents and signed the cards in Urdu, but they did not deposit the said amount in the Post Office and thereby misappropriated huge amount of the depositors and cheated them. It is further alleged that, the accused Nos. 2 & 3 are husband and wife. Both have retained the passbooks of the depositors with them. The Petitioner No. 3, Abdul Khan appointed himself as the Authorized person and forged documents for withdrawing money and got sanctioned the amount with interest from Shri Ashok Narhar Doke, the then Sub Post Master. The Petitioner No. 3 withdrawn the entire amount with interest and misappropriated the same and closed R.D. accounts of the depositers.

4. According to the informant as per Schedule “A” list, the accused withdrawn an amount of Rs. 1,64,811/- from the account of 15 Recurring Deposit Account holders (by forging the duplicate signatures of the account holders) and closed the accounts without consent of the account holders, so also continued the collections from the account holders, but failed to deposit the collected amount i.e. of Rs. 86,000/- with Post Office in R D accounts of respective account holders. The Accused No. 3 failed to return the Passbooks to the account holders. As per Schedule “B”, the accused withdrawn an amount of Rs. 39,952/- from the account of 9 Recurring Deposit account holders (by forging the duplicate signatures of the account holders) and closed the accounts without consent of the account holders, and continued the collections from the account holders, but failed to deposit the collected amount i.e. Rs.18,800/-with the post office. It is further alleged that, the Petitioner No. 2 collected an amount of Rs.77,100/- towards recurring deposits from 35 depositors but did not deposit the same with the Post Office in their accounts. The petitioner No. 2 used said amount for her personal benefit and defrauded the Post Office as well as the depositors.

5. Similarly, as per Schedule “D” the Petitioner No.3, accused Abdul Rashid Khan S/o. Pasha Khan in connivance with the Accused No.1, Parvin Begum Khan committed fraud of Rs.79,800/- by withdrawing the amount under the fake signature of 34 recurring depositors. So also, the Petitioner No.1, Parvin Begum Khan withdrawn the amount of Rs. 4,66,463/- from 93 R. D. accounts under the fake and fabricated documents. Therefore, on the basis of said report, Crime bearing No. I-59 of 2007 was registered against the present Petitioners for the offences punishable under