Mehul Rameshchandra Gor v. Ashapura Garments Ltd And ANR

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901-apl-383.2015.sxw hvn

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 383 OF 2015 Mehul Rameshchandra Gor ... Applicant

Versus

Ashapura Garments Ltd. and anr.

... Respondents Mr. S.R. Karnik for the appellant.

Mr. V.B.K. Deshmukh, A.P.P. for the State.

CORAM : M.L. TAHALIYANI, J.

DATED : APRIL 21, 2015 P.C.

Admit. Heard forth.

2.

Heard learned counsel for the applicant and learned A.P.P. for the State.

3.

The applicant is facing trial for the offence punishable under section 138 of the Negotiable Instruments Act where respondent no.1 is the complainant. Respondent no.1 has produced certain documents while filing his affidavit of evidence before the court. The applicant challenges the genuineness of his signatures on the documents. He made an application before the Magistrate for sending the documents to the document examiner.

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901-apl-383.2015.sxw The Magistrate has rejected that application. 4.

In my opinion, the application was premature. Let P.W. No. 1/respondent no. 1 be cross examined by the applicant before the applicant makes such an application.

5.

The present application is dismissed summarily. The applicant is at liberty to move the court at appropriate stage during the course of cross examination of P.W. 1 or after completion of the examination of P.W. No. 1. (JUDGE)