SUNIL PUNDALIK ADMILE Vs. MADHUKAR TUKARAM KSHIRSAGAR

JUDGEMENT

(1.) Rule. Rule made returnable forthwith and matter is taken up for final hearing with consent of both parties.

(2.) Present petition has been filed by original complainant challenging the judgment and order passed by learned Additional Sessions Judge, Latur in Criminal Revision No.38 of 2019 dt. 05-09- 2019; thereby reversing the order passed below Ex. 55 in S.T.C.No.363 of 2017 dt.26-06-2019 by learned 6th Joint Judicial Magistrate First Class, Latur.

(3.) The factual matrix leading to the petition are that, the present petitioner has filed said complaint under Section 138 of the Negotiable Instruments Act against the present respondent- accused. Complainant has adduced evidence after the accused had pleaded 'not guilty'. Statement of the accused under Section 313 of Code of Criminal Procedure has also been recorded. Accused had thereafter examined himself and his cross- examination was taken on behalf of complainant. Accused has then preferred application at Ex.55 for sending the disputed cheque for the opinion of the handwriting expert. It was contended in the said application that the said cheque was given by him as security towards bill of a friend. He had signed only the blank cheque; however, the complainant has filled the disputed cheque afterthought and then filed false complaint.