Order 3

Order Details: Order Below EX 1
Pdf Text: MHMM180040442023 Summary Cases/5800365/2023
Eknath Waman Bansode Vs. Ramesh Sakharam
Yadav
THE COURT OF JUDICIAL MAGISTRATE(FIRST CLASS),
58TH COURT, BANDRA, MUMBAI
ORDER BELOW APPLICATION EXH.24
This is an application filed on behalf of accused to send subject
cheques Exh.11 and 12 for seeking opinion of hand writing expert.
2. Complainant objected the application on the ground that accused
has not denied issuing cheques and his hand writing in notice reply etc.
Accordingly, prayed for rejecting the same.
3. Heard advocate Anil More for the accused and advocate Vikas
Kharat for the complainant.
4. Accused want to seek opinion of hand writing expert in respect of
disputed cheques and particularly the hand writing as to the contents on
the cheques Exh.11 and 12. Perusal of cross examination conducted on
behalf of accused shows that accused has taken defence of giving three
cheques under his signatures. Signatures on the cheques Exh.11 and 12
are not disputed. Section 20 of the Negotiable Instrument Act permits the
holder of the instrument to complete the inchoate instrument. When
signature and issuance of cheque is not disputed, no legal necessity arises
to seek opinion of hand writing expert as to the contents of the cheque.
Hence, I pass following order.
ORDER
1. Application is rejected.
2. Order dictated and pronounced in open court.
3. Order be uploaded on Court Web Portal.
Mumbai, (M. P. Saraf)
Dated : 17.09.2025 Judicial Magistrate(First Class),
58th Court, Bandra, Mumbai.
J.O.Code – MH01362
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CERTIFICATE
I affirm that the contents of this P.D.F. file Order are same, word to word as per the
original Order.
Name of Stenographer : Mrs. Aditi Ravikiran Dalvi
Court : Judicial Magistrate(First Class), 58th Court, Bandra,
Mumbai.
Dictated in open court on : 17.09.2025.
Transcribed and Typed on : 17.09.2025.
Order printed and Signed on : 17.09.2025.
Order Uploaded on : 17.09.2025.
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