2024:BHC-AUG:5875 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

915 CRIMINAL WRIT PETITION NO. 1869 OF 2023 Sagar Venkatesh Diwan Age : 56 years, Occ : Service, R/o Tup Bazar, Opp. Satyanarayan Printing Press, Nandurbar, Tq. & Dist. Nandurbar ..PETITIONER -VERSUS-

Gautam Buddha Birhade Age : 53 years, Occ : Private Writer, R/o Patonda, Tq. & Dist. Nandurbar.

..RESPONDENT ...

Advocate for the Petitioner : Mr. Syed G. R.

Advocate for Respondent : Mr. Tungar Hrishikesh V.

…..

CORAM : SANJAY A. DESHMUKH, J.

DATED : 7th MARCH, 2024.

JUDGMENT :-

1. The petitioner has challenged the order passed by the learned Judicial Magistrate, First Class, Nandurabar in S.T.C.C. No.528 of 2013 at Exhibit-60 dated 30.01.2018 and at Exhibit-113 dated 27.11.2023.

2. The respondent has filed criminal proceeding under section 138 of the Negotiable Instruments Act bearing S.T.C.C. No.528 of 2013 against this petitioner, which is pending before the learned Judicial Magistrate, First Class, Nandurbar.

3. The grounds of objections of this petition are that the earlier application at Exhibit-60 was moved by the petitioner for sending the disputed cheque to handwriting/signature expert as he has disputed his