A.M.THIPSAY
Balasaheb Barku Kolhe – Appellant
Versus
Jagdish Tryambakrao Mandlik – Respondent
A.M. Thipsay, J.
1. Rule.
2. By consent, Rule made returnable forthwith.
3. By consent, heard finally.
4. The petitioner is the accused in Sessions Case No.875 of 2010 pending before the Judicial Magistrate, First Class, Nashik. The case is in respect of an offence punishable under section 138 of the Negotiable Instruments Act, and arises on a complaint filed by the respondent no.1 herein.
5. The petitioner is aggrieved by an order dated 17th April 2012 passed by the Magistrate, Nashik, rejecting the petitioner's application (Exhibit-43) for sending certain documents tendered by him in evidence, to the handwriting expert for examination and his opinion. The petitioner had challenged the said order by filing an application for revision in the Court of Sessions, but the Revision Application came to be dismissed. It is under these circumstances, that the petitioner has approached this Court by filing the present petition, invoking the jurisdiction of this Court under Article 227 of the Constitution of India, and its inherent powers, praying that the orders passed by the Magistrate and the Sessions Judge, be set aside and that the petitioner's application (Exhibit-43) be allowed.
6. I h
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