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2022 Supreme(Guj) 1724

GITA GOPI
Shashikant Shamaldas Patel – Appellant
Versus
State Of Gujarat – Respondent


Advocates Appeared:
For the Applicant : Mr. Padmraj K. Jadeja.
For the Respondent: Mr. Harsh M. Khemka, Mr. Pranav Trivedi.

JUDGMENT :

1. The petitioner is an accused in Criminal Case No.87 of 2019 filed by the respondent No.2 before the Court of learned J.M.F.C., Gandhinagar under Section 138 of the Negotiable Instruments Act, 1881 (for short, “the NI Act”). The petitioner seeks to challenge the order passed by the learned 3rd Addl. Sessions Judge, Gandhinagar in Criminal Revision Application No.29 of 2021 whereby, the revisional Court rejected the application of the petitioner wherein he had made a prayer for sending the cheque to F.S.L. for opinion of the Hand-writing Expert and forensic science opinion qua the ageing and writing on the cheque.

2. Learned advocate Mr. Jadeja submitted that the rejection of the application has led to the denial of opportunity of defence and fair trial. Mr. Jadeja stated that the petitioner accused was duped by his friend in collusion with the complainant of complaint filed under Section 138 of the NI Act. The petitioner submits that the complainant had alleged that the petitioner became his friend through one Amratbhai Gopalbhai Patel and under the friendship, the present petitioner had demanded an amount of Rs.10 Lacs, which, he had assured to return within a year. Si

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