Order 1

Order Details: Order
Pdf Text: 1 C. C. NO. 840/SS/2019
ORDER BELOW EXHIBIT NO. 65
The accused has forwarded present application with a prayer to direct
the complainant to comply the order passed below Exh. 62.
2. It is submitted by the accused that below Exh. 62, this court has passed
an order to direct the complainant to comply the order passed below Exh.
61. The complainant did not comply the said order and therefore he prayed
to issue direction to the complainant. Hence, prayed to allow the
application.
3. The complainant has filed his reply to this application below Exh. 68.
It is submitted by the complainant that an application was preferred by the
accused on 18/01/2023 to sent the disputed Article A for handwriting
expert opinion along with other documents. The letter of the handwriting
expert is received by this court on 18/04/2024. This court has passed an
order on 10/06/2024 to comply as per the communication at Exh. 62. It is
submitted by the complainant that he is a retired person. He has no any
document maintained in regular course of business and he is not having any
documents to comply the order. The specimen hand writing of the
complainant was already taken by this court and was sent for opinion. The
application is filed to delay the matter.
4. Heard. Perused the application and say.
5. Present complaint is filed U/s. 138 of Negotiable Instruments Act.
Perusal of record, it seems that the accused had preferred an application
below Exh. 56 to sent the disputed document along with cheque and other
documents to the handwriting expert. Accordingly, the said application was
allowed and the the disputed document and other documents were sent to
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2 C. C. NO. 840/SS/2019
the handwriting expert. On 08/11/2023 the handwriting expert has
communicated to this court. The work of examination of handwriting is not
done as he needs more documents from the complainant. In the letter dated
08/11/ 2023 reads as follows:
“izLrwr izdj.kkrhy ijh{k.k djko;kP;k oknxzLr etdqj o ekU; uSlfxZd
etdqjkl yky ‘kkbZus oy;kadhr d:u ;ksX; rh fu’kk.kh dzekad
ns.;kr ;kos-
;k izdj.kkrhy laca/khr fQ;kZnh ;kaps usgehP;k O;ogkjkrhy] ledkyhu ekU;
uSlfxZd baxzth fy[kk.k vlysys 5 rs 6 eqG nLr,sot ijh{k.kklkBh miyC/k
Ogkosr-
;k izdj.kkrhy laca/khr la’k;hr blekdMwu oknxzLr etdqjkizek.ks fdeku 6
dkxnkaoj ?ksrysys gLrk{kjkps uequs rlsp R;kaps usgehP;k O;ogkjkrhy]
ledkyhu ekU; uSlfxZd fy[kk.k vlysys vk.k[kh 4 rs 5 nLr,sot
ijh{k.kklkBh miyC/k Ogkosr-”
6. Accordingly, the accused has filed present application and sought
direction to the complainant to comply the requirement mentioned by the
handwriting expert to the complainant. The complainant has filed his reply
and submitted that the documents asked by the handwriting expert are not
available with him. He further submitted that the present application is filed
to cause delay to the present proceeding.
7. This court has allowed the application of the accused to send the
disputed document along with other documents to the handwriting expert.
Therefore, those documents were sent to the handwriting expert but reason
mentioned by the handwriting expert in his letter dated 08/11/2023 the
work of examination of handwriting is not done. The handwriting experts
needs some more documents and specimen from the complainant.
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Therefore, to comply the order passed below Exh. 56, it is necessary to direct
the complainant to give the specimen documents and other documents to the
handwriting expert as mentioned in the letter dated 08/22/2023. Hence, I
pass following order:-
ORDER
1. Application is allowed.
2. The complainant is directed to provide the documents and
specimen handwriting as per letter of handwriting expert
dated 08/11/2023.
Date : 10/08/2026
Sd/-
(Y. P. Pujari)
Judicial Magistrate (First class)
48th Court, Andheri, Mumbai
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