JALALBHAI HARIBHAI RATHOD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this petition under Article 227 of the Constitution of India, the petitioner - original accused seeks to challenge the order dtd. 27/5/2022 passed by the learned 2 nd Additional Sessions Judge, Vadodara at Savli in Criminal Revision Application No.15 of 2022, whereby the order passed by the Additional Chief Judicial Magistrate, Savli, dtd. 8/4/2022 below Exhibit : 46 in Criminal Case No.771 of 2017 came to be confirmed, by which the learned Magistrate has rejected the application of the petitioner - original accused for referring two documents marked 43/1 and 43/2 for opinion to the handwriting expert under the provisions of Sec. 293 of the Code of Criminal Procedure, 1973 (for short, "the Cr.P.C .").

(2.) The aforesaid Criminal Case No.771 of 2017 came to be instituted by the original complainant under Sec. 138 of the Negotiable Instruments Act, (for short, "the N. I. Act") before the learned Judicial Magistrate First Class, Savli, on 19/7/2017, for dishonouring two cheques bearing Nos.099577 and 099578 amounting to Rs.1,85,000.00 and Rs.1,90,000.00 respectively with an endorsement "insufficient fund".

(3.) It appears from the record that the aforesaid criminal case came to be filed by the original complainant - Chandrakant Motibhai Patel and thereafter, the plea of the accused was also recorded and the original complainant has submitted Examination-in-Chief by way of an affidavit. It appears that none appeared on behalf of the accused for cross- examination of the original complainant, and thereby, by way of an application at Exhibit : 16, the original complainant has requested the learned Trial Court to close the stage of cross-examination, which, came to be allowed by order dated 6 th June 2019 closing the stage of cross- examination. Thereafter, by way of pursis below Exhibit : 23, it was declared that the original complainant - Chandrakant Motibhai Patel expired on 27/12/2019. Thus, the heirs of the original complainant came to be joined and the proceedings were ordered to be continued accordingly.