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2022 Supreme(Cal) 1314

BIBEK CHAUDHURI
Sunil Chandra – Appellant
Versus
Aparna Jewellers – Respondent


Advocates Appeared:
For the Petitioner: Mr. Sabyasachi Banerjee, Mr. Anirban Dutta, Mr. Sayantan Sinha.
For the Opposite Party : Mr. Ayan Bhattacharya, Mr. Arijeet Doss Mullick, Mr. Subhasis Pyne.

JUDGMENT :

(Bibek Chaudhuri, J.) : –

1. The accused of case No. C/7703 of 2010 being a proceeding of criminal complaint under Section 138 of the Negotiable Instruments Act (hereinafter described as the said act) is the petitioner before this Court assailing the order dated 27th September, 2021 passed by the learned Metropolitan Magistrate, 5th Court at Calcutta rejecting the petitioner’s application praying for examination of a “questioned document” (Exhibit2) by the handwriting expert with admitted signature of the accused/petitioner on the documents, marked as Exhibit-7/1, Exhibit-8 and 8/1, Exhibit-9 and 9/1.

2. Shorn of unnecessary details, the fact relevant for the disposal of the instant criminal revision is as follows:-

3. The opposite party filed a complaint under Section 138 of the Negotiable Instrument Act against the petitioner in the year 2010 before the learned Metropolitan Magistrate at Calcutta alleging, inter alia, that the complainant deals with a wholesale and retail business of gold jewellery. The accused is also engaged in the same business. The complainant sold and supplied gold jewellery to the accused amounting to Rs.60,59,387/-through their invoice No.4136 da

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