TMI Blog2011 (4) TMI 1533X X X X Extracts X X X X X X X X Extracts X X X X ..... oral request, leave to add State as party Respondent No. 2. Amendment to be carried forthwith. Learned APP accepts notice for Respondent No. 2. 2. Rule was issued in this petition on 13.12.2010. 3. By this petition, under Article 227 of the Constitution of India, the Petitioner accused has challenged the order dated 20.06.2010 passed by JMFC, Jalna below Exhibit46 in STC No. 466/2009, which ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cheques, as according to him the disputed cheques were given by him to the Respondent by way of security and the blank places are filled by the Respondent conveniently, so as to suit his case. It also appears that learned JMFC, rejected the application (Exhibit46) vide impugned order dated 28.06.2010. Thereafter, it appears, the Petitioner challenged the said order dated 28.06.2010 before learned ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mpare the disputed signature or writing with the admitted writing or signature of the accused and to reach his own conclusion with the assistance of the expert. The Appellant is entitled to rebut the case of the Respondent and if the document viz. The cheque on which the Respondent has relied upon for initiating criminal proceedings against the Appellant would furnish good material for rebutting t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... stion, yet according to him the said cheques were given to Respondent No. 1 by way of security, which are misused by him by filing up the places in the cheque conveniently so as to suit his case. It is further urged that it is imperative to send the cheques in question to the expert so as to determine the age of the ink used for signature and age of the ink used to fill up other details. As observ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n 04.05.2011, thereafter, learned JMFC, to refer the disputed cheques to the expert concerned with directions to determine the age of the ink used for signature so also the age of the ink used for filling up of other particulars and call for the report of the expert within 3 months. Learned JMFC is further directed to decide the case in accordance with law, after receipt of the report from expert ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
