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2022 Supreme(Guj) 547

ILESH J.VORA
Satishkumar Mohanlal Sachdeva – Appellant
Versus
State Of Gujarat – Respondent


Advocates:
Advocate Appeared:
For the Applicant : Mr Bomi H Sethna
For the Respondent: Mr Daifraz Havawala, Mr Manan Mehta APP

ORDER :

1. By way of this application, the applicant challenges the order passed below Exh. 198, dated 06.12.2021 in Criminal Case No. 1048 of 2003, by the learned 19th Additional Chief Judicial Magistrate, Surat and order of the Revisional Court dated 22.03.2022, whereby, the courts below rejected the prayer of the applicant to refer the documents like challan, disputed cheque and bank slip for opinion of the handwriting expert.

2. The facts giving rise to this application may be summarized as under :

    (i) The respondent no. 1 complainant has filed a complaint under Section 138 of the Negotiable Instrument Act, against the accused applicant and his wife, which is numbered as CC No. 1048 of 2003.

(ii) The trial Court has recorded the evidence of respondent no.1 complainant at Exh. 18, whereas, the applicant herein entered into witness box to prove his defence vide Exh. 99.

(iii) After filing closing purshis by the complainant, further statement of accused herein was recorded and after hearing both the parties and after appreciating the oral as well as documentary evidence, the learned trial Court vide order dated 14.10.2016, acquitted the applicant and his wife. Being aggrieved with the

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