: AMIT BORKAR, J. DATED : APRIL 18, 2023 P .C.:

1. The petition is directed against the judgment and order dated 21 st January 2023, passed by Metropolitan Magistrate 7 th Court, Dadar, Mumbai below Exhibit 149 along application under 311 of Code of Criminal Procedure, 1973. The petition arises out of proceeding under Section 138 of Negotiable Instruments Act,

1881. The accused during the course of trial denied the signature over the cheque. He also denied delivery of subject goods. The defense evidence was closed on 20 th August 2022.

2. Since the accused denied the existence of legally recoverable debt and the signature on the cheque, the respondent No.1/complainant while an application under Section 311 of Code of Criminal Procedure to examine 5 witnesses to prove the cheque and delivery of goods.

3. The petitioner challenged and objected the reasons of complainant or contending that such application is not maintainable after the accused has examined its witnesses and closed evidence. Statement under Section 313 of Code of Criminal Procedure, 1973 has also been recorded. Allowing such application would tantamount to fill up of lacuna.