SAGAR VENKATESH DIWAN Vs. GAUTAMBUDDHA BIRHADE

JUDGEMENT

(1.) The petitioner has challenged the order passed by the learned Judicial Magistrate, First Class, Nandurabar in S.T.C.C. No.528 of 2013 at Exhibit-60 dtd. 30/1/2018 and at Exhibit-113 dtd. 27/11/2023.

(2.) The respondent has filed criminal proceeding under Sec. 138 of the Negotiable Instruments Act bearing S.T.C.C. No.528 of 2013 against this petitioner, which is pending before the learned 1869.2023WP Judicial Magistrate, First Class, Nandurbar.

(3.) The grounds of objections of this petition are that the earlier application at Exhibit-60 was moved by the petitioner for sending the disputed cheque to handwriting/signature expert as he has disputed his signature over it. While rejecting the application, it was held by the trial Court that the petitioner failed to cross-examine the complainant/ respondent and reply to the statutory notice was not given. It was lastly held that the accused failed to show sufficient grounds for referring disputed cheque to the handwriting expert. The trial Court lastly rejected the application by holding that the application appears to be filed at premature stage.