Order 2

Order Details: Order
Pdf Text: 1 C. C. No.31/SS/2019
Exh.72
ORDER BELOW EXH.72
This is an application filed by accused for sending
disputed cheques to handwriting expert for seeking opinion
whether there is any alteration or tampering in the dates of the
disputed cheques.
2. In short the contention of the accused is that there
is alteration in the dates of the disputed cheques, which can be
seen by naked eyes. However, the complainant has denied the
same during cross-examination. The complainant has altered
the dates of cheques so as to bring them within the period of
validity. Even if, the cheques would be sent to the forensic/
handwriting expert and opinion is sought, it would not
prejudice to the complainant. Rather it would be an opportunity
for him to rebut the claim of the complainant. Accordingly, he
prayed for allowing the application.
3. The complainant by filing say at Exh.73, resisted
the application. As per his contention the disputed cheques were
issued by the accused in discharge of his liability. Those cheques
were handed over by the accused to him in the name of
Rajshree Electric & Hardware. Those were presented for
encashment as per the instructions of the accused, however,
they were dishonoured for the reason Funds Insufficient.
Thereafter, demand notice dated 24/11/2018 was issued to the
accused, to which he has not replied. Accordingly, this complaint
is filed. Now, only with an intention to prolong the matter, such
an application is filed. In fact, the accused himself has admitted
his liability and accordingly, made part payment. In the event if
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2 C. C. No.31/SS/2019
Exh.72
the application would be allowed, it would cause irreparable
loss and serious prejudice to him. Accordingly, he prayed for
rejection of the application.
4. Heard both sides. Perused record. At the outset,
perusal of record and particularly the cross-examination of the
complainant shows that the accused has raised a specific
defence that he has not issued the disputed cheques in the year
2018. Even it has come on record that there was dealing
between complainant and accused since year 2012. More so,
during the cross-examination of C.W.2 i.e. Manger of Shri
Arihant Co-operative bank, it has come on record that the
cheque at Exh.47 was initially returned with reason ‘to contact
drawer/ drawee bank and present again’.
5. Apart from this, the accused himself has deposed in
his defence and specifically contended that the dates on these
disputed cheque have been altered. It is also pertinent to note
that during entire cross-examination of the accused, this
contention of accused is nowhere denied.
6. In the background of this oral evidence, if the
disputed cheques are looked at,
prima facie there appears
substance in the contentions about alteration of dates.
7. In all these circumstances, in order to come to a
definite conclusion in respect of the alleged alteration in the
dates of the disputed cheques, in the present matter, the opinion
of expert will definitely be useful. Therefore, while looking at
these peculiar circumstances of this matter, it appears that the
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Exh.72
opinion of expert witness will definitely elucidate the point of
controversy between the parties. Accordingly, the application
deserves to be allowed. Hence, following order :
ORDER
1. Application is allowed.
2. The disputed cheques at Exh.21 to 25 be referred to
the forensic/ handwriting expert for seeking opinion
as to whether there is any tampering or alteration in
the dates of these cheques.
3. Concerned expert to give his clear opinion in above
respect within a period of two months from the date
of receipt of disputed cheques for his examination.
4. The accused is directed to deposit the requisite
charges of the concerned expert with his office and
submit receipt of the same in this court within a
period of one month from the date of this order.
5. Issue writ/ letter to concerned expert forthwith
alongwith disputed cheques in question.
Date : 04/07/2026
D. P. Kasat
Judicial Magistrate, First Class
63rd Court, Andheri, Mumbai.
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