DINESH DILIP MALU Vs. OMPRAKASH SAGARMAL SABOO

JUDGEMENT

(1.) The petitioner has challenged the common order passed by the learned Judicial Magistrate First Class, Aurangabad below Exhibit-76 and 77 in SCC No.5349 of 2016 thereby rejecting his prayer for permission to lead further defence evidence and forward the cheque in dispute to the Hand Writing Expert for opinion, which is upheld by the Additional Sessions Judge, Aurangabad in Criminal Revision Application No.94 of 2022.

(2.) The petitioner is facing prosecution for the offence punishable under sec. 138 of the Negotiable Instruments Act, 1881 (hereinafter called as 'the said Act' for the sake of convenience). He has applied to the learned Magistrate vide exhibit 76 and sought permission to lead further defence evidence by setting aside the evidence close order. He further applied to the learned Magistrate to forward the cheque in dispute to the hand writing expert for opinion in view of specifc defence raised by the petitioner that cheque in dispute signed by him but blank was lost alongwith important documents and he has given instructions to his banker to 'stop payment'.

(3.) Learned Magistrate was pleased to reject both the applications by common order dtd. 9/3/2022. That order was challenged by the petitioner before the Additional Sessions Judge, Aurangabad vide criminal revision application no.94 of 2022. The learned Additional Sessions Judge, Aurangabad was pleased to dismiss the criminal revision application vide judgment and order dtd. 9/6/2022.