Ruksana w/o Afsar Sayyad vs Kamalbai w/o Gopinath Rathod

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Bom) 5

S. G. MEHARE
Ruksana w/o Afsar Sayyad – Appellant
Versus
Kamalbai w/o Gopinath Rathod – Respondent

Advocates Appeared:
For the Applicant : Mr. A. A. Khan.
For the Respondent: Mr. Yogeshwar L. Bidve.

JUDGMENT :

1. Heard the learned counsels for the respective parties.

2. The learned Judicial Magistrate First Class, Omerga, convicted the present applicant for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881, and sentenced him to suffer simple imprisonment for 15 days by order dated 21.02.2013 passed in S.C.C. No.968 of 2006.

3. The applicant had impugned the said order before the learned Adhoc District Judge-1, Omerga, in Criminal Appeal No.4 of 2013. By the order dated 16.07.2018, the learned Adhoc District Judge upheld the judgment and order of the learned trial Court; however, he reduced the imprisonment till the rising of the Court.

4. The learned counsel for the applicant has vehemently argued that both Courts did not consider that the change in the year on the cheque in dispute was a material alteration, though supported by the handwriting expert’s opinion. Both the Courts have discarded the defence observing that it was created evidence. The case of hand loan has also been discarded.

5. The learned counsel for the respondent/complainant would argue that though the handwriting expert was appointed, the applicant never disputed the signature over

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