GODAVRIBEN DHANJIBHAI PATEL Vs. KANTIBHAI JADAVJIBHAI PATEL

JUDGEMENT

(1.) THE petitioner has prayed for a direction to quash and set aside the order dated 18th October 206 passed by Sessions Court, Mehsana in Criminal Revision Application No. 56 of 2006.

(2.) THE petitioner is a partner of the partnership form Ambica Pressing Factory which came into existence by partnership deed on 7th September 1974. She is an old lady and not keeping good health and therefore she as not regularly visiting the firm. On 12th July 2003 when she visited the firm she was informed by the respondent that she is no more a partner in the firm as the accused by using fraudulent discharge deed and forged document along with thumb impression of somebody claimed to have been released as partner. The petitioner therefore filed a complaint before police against Jadavji and Smt. Lalitaben for offence under section 465 and 468 and 114 of IPC.

(3.) DURING the course of investigation it was revealed that the thumb mark impression on so-called discharge deed is not of the petitioner. The report of the Director, Finger Print Bureau, shows that the thumb mark impression on stamp paper is not identical with specimen print of Godavariben, the petitioner. Accordingly to prove petitioner's case that accused has wrongly identified the same as that of petitioner, opinion of handwriting expert is required. Therefore application Exh. 10 and 11 came to be filed praying for reinvestigation for the purpose of ascertaining whether the signature affixed on the resignation deed is actually that of Kantibhai. The learned Magistrate allowed the said applications and ordered the Investigating Officer to investigate the question whether the signature affixed on the resignation deed is that of Kantibhai and to submit report within 30 days.