LAWS(BOM)-2008-11-40

ANTHONY CARVALHO Vs. MOHAMMAD NAUSHAD

Decided On November 11, 2008
ANTHONY CARVALHO Appellant
V/S
MOHAMMAD NAUSHAD Respondents

JUDGEMENT

(1.) Heard Mr. Vahidulla for the petitioner and Mr. Diniz for the respondent.

(2.) By this petition, the petitioner challenges the order dated 19.7.2008 passed by the Judicial Magistrate, First Class, Vasco in Criminal Case No. 1154/O. A./NIA/2005/C by which, the application dated 17.7.2008 filed by the petitioner for referring the agreement dated 7.5.2002 and cheque dated 30.7.2005 for the opinion of expert has been dismissed. The Magistrate has dismissed the application primarily on the ground that the same has been filed with a view to delay the proceedings.

(3.) Briefly, the facts leading to the filing of the petition are as under :