TMI Blog2010 (7) TMI 1216X X X X Extracts X X X X X X X X Extracts X X X X ..... g and setting aside the Judgment and Order dated 12.11.2009 passed in Criminal Revision Application No.57/2009 by learned Sessions Judge, Jalgaon, thereby confirming the order dated 12.1.2009 passed by JMFC,Jalgaon in SCC No. 2534/2003 below Exhibits39 and 49. 4) The petitioner is original accused in S.C.C.No.2534/2003 filed by Respondent No.2 (original complainant) under Section 138 of the Negotiable Instruments Act and the same is pending before the learned Judicial Magistrate First Class, Jalgaon and copy thereof is produced at ExhibitA (page 14 of the petition). The said complaint is filed on the basis of dishonour of cheque of Rs.96832/given by the accused, allegedly towards repayment of loan of Rs. 75,000/and interest thereon obtai ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt herein filed its say on the said application on 3rd July, 2007 itself and resisted the same. Thereafter the learned JMFC(2nd Court) Jalgaon passed a common order on both the said applications, i.e. Exhibits39 and 49 on 12.1.2009 and thereby rejected both the applications. 9) Being aggrieved and dissatisfied by the said common order dated 12.1.2009, the petitioner herein preferred Criminal Revision Application No.57/2009 before the learned Sessions Court at Jalgaon, challenging the correctness and legality of the said order. However, the said Criminal Revision Application also was dismissed by the learned Sessions Judge, Jalgaon on 12th November, 2009. 10) Being aggrieved and dissatisfied by the said order of dismissal of the Crimin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the said cheque signed by her, but the contents thereof were blank, and the said very aspect creates suspicion about the stand taken by the petitioner herein. Moreover, it is also evident that specific suggestions were given to the complainant s witness in the crossexamination that except the signature, the other contents written on the said cheque in question were in the handwriting of the said witness and the said aspect was noticed by the learned JMFC while rejecting both the said applications by the common order dated 12.1.2009. 12) Besides that, the learned Sessions Judge, Jalgaon, has rightly observed in the impugned order dated 12th November, 2009 that since the applicant did not make any prayer for obtaining the opinion of the H ..... X X X X Extracts X X X X X X X X Extracts X X X X
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