Interim Order 1

Order Details: Order
Pdf Text: 1 C. C. No.3670/SS/2018
ORDER BELOW EXH.37
1] This is an application filed by accused praying
to send disputed cheque for obtaining expert opinion to
verify his signature and handwriting on it.
2] Brief contention of application are as under :
Complainant has filed complaint under
Section 138 of N.I. Act. He has alleged that accused
issued cheque in question to him for repayment. Accused
has contended that he never issued any cheque in
discharge of any liability and did not sign it. He is ready
to give his specimen signature before the Hon’ble Court.
He has lastly prayed to allow the application.
3] Complainant has filed his reply to the
application at (Exh.38). He has submitted that the matter
is posted for cross-examination of complainant.
Complainant has filed his evidence affidavit and
documents are exhibited long back. He has submitted
that complainant has document to show that he had
given amount to accused through cheque. He has next
submitted that accused does not have any force in his
contention. Accused has an opportunity to cross-examine
the complainant and put up his defence. He has filed
present application just to delay the trial of the case. He
has lastly payed to reject the case.
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2 C. C. No.3670/SS/2018
4] Heard advocate for both sides.
5] Perused the record. It appears that plea of
accused has been recorded on 07/02/2019. Complainant
has filed his evidence affidavit on 13/06/2019.
Documents filed by him are exhibited by order
05/02/2020. Matter is pending for cross-examination.
Meanwhile accused has filed present application.
Accused has yet not put up his defence. Stage of defence
evidence is yet to come. Application appears to be
premature. Therefore, I proceed to pass the following
order :
ORDER
Application is rejected.
Date : 16/10/2023
Sd/-
Shri. R.D.Dange
Metropolitan Magistrate,
63rd Court, Andheri, Mumbai.
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