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2018 Supreme(Bom) 1530

C.V.BHADANG
Quepem Urban Co-Op. Credit Society – Appellant
Versus
Seby Noronha – Respondent


Advocates Appeared:
For the Petitioners: A. Nachinolkar
For the Respondents: Ms. Marie Rosette Pereira

JUDGMENT :

1. The challenge in this petition under Article 227 of the Constitution of India read with section 482 of the Code of Criminal Procedure, is to the order dated 4-8-2015, passed by the learned Additional Sessions Judge, Margao in Criminal Revision Application No. 30/2015. By the impugned judgment, the learned Sessions Judge had allowed the Criminal Revision Application filed by the respondent No. 1, thereby allowing the application filed by the respondent No. 1 for referring the disputed cheque to the handwriting expert.

2. The brief facts are that the petitioner has filed a complaint against the respondent No. 1 under section 138 of the Negotiable Instruments Act for dishonour of cheque. During trial, the petitioner examined Mr. Surendra Gaonkar and his cross-examination on behalf of the respondent No. 1 was concluded on 11-4-2015. Thereafter, the respondent No. 1 filed an application on 13-4-2015 for referring the disputed cheque to the Handwriting Expert. It was contended that the subject cheque was a blank cheque signed by the respondent No. 1 and was obtained by the petitioner as a security. In other words, it was contended that the said cheque was not passed for repay














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