SUNIL CHANDRA Vs. APARNA JEWELLERS

JUDGEMENT

(1.) The accused of case No. C/7703 of 2010 being a proceeding of criminal complaint under Sec. 138 of the Negotiable Instruments Act (hereinafter described as the said act) is the petitioner before this Court assailing the order dtd. 27/9/2021 passed by the learned Metropolitan Magistrate, 5th Court at Calcutta rejecting the petitioner's application praying for examination of a 'questioned document' (Exhibit-2) by the handwriting expert with admitted signature of the accused/petitioner on the documents, marked as Exhibit-7/1, Exhibit-8 and 8/1, Exhibit-9 and 9/1.

(2.) Shorn of unnecessary details, the fact relevant for the disposal of the instant criminal revision is as follows:-

(3.) The opposite party filed a complaint under Sec. 138 of the Negotiable Instrument Act against the petitioner in the year 2010 before the learned Metropolitan Magistrate at Calcutta alleging, inter alia, that the complainant deals with a wholesale and retail business of gold jewellery. The accused is also engaged in the same business. The complainant sold and supplied gold jewellery to the accused amounting to Rs.60,59,387.00 through their invoice No.4136 dtd. 19/1/2010. In discharge of his existing liability, the accused issued one account payee cheque in favour of the complainant/company on 19/1/2010 drawn on Bank of India Bidhannagar Branch for sum of Rs.60,59,387.00. The complainant duly presented the said cheque for encashment but it was dishonoured vide Memorandum of dishonor dated No.22/1/2010. After the said cheque being dishonoured complainant issued legal notice to the petitioner requiring him to pay the said amount in discharge of his debt or existing liability however, the said demand notice was returned with postal endorsement 'not claimed'. Subsequently, the complainant filed the complaint under Sec. 138 of the Negotiable Instrument Act before the learned Chief Metropolitan Magistrate at Calcutta which was registered as C-7703 of 2010. It is pertinent to mention that the aforesaid case is pending for trial before the learned Metropolitan Magistrate, 5th Court at Calcutta.