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Issues involved: Petition for quashing Judgment and Order u/s Article 227 of Constitution of India, rejection of applications under Section 138 of Negotiable Instruments Act, appeal against order of learned Sessions Judge, Jalgaon.
Judgment Summary: Issue 1: Quashing of Judgment and Order The petitioner filed a petition under Article 227 of the Constitution of India seeking to quash the Judgment and Order passed by the learned Sessions Judge, Jalgaon, confirming the order of the JMFC, Jalgaon in a case under Section 138 of the Negotiable Instruments Act. The petitioner, the original accused, alleged discrepancies in the handwriting on the cheque and sought examination by a Handwriting Expert. The applications filed by the petitioner were rejected by the courts, leading to the present writ petition. The High Court found no perversity or arbitrariness in the orders passed by the lower courts and dismissed the petition. Issue 2: Examination by Handwriting Expert The petitioner sought to send the cheque in question to a Handwriting Expert to verify the contents and signature. The courts noted that the petitioner's delay in requesting examination of the signature raised suspicions about the petitioner's claims. The learned Sessions Judge observed that failure to seek opinion on the signature, which was crucial to the case, was a significant omission. The courts emphasized the need to expedite the case, as filing multiple applications could be seen as a tactic to delay proceedings. Ultimately, the courts upheld the rejection of the applications and the dismissal of the petition. Issue 3: Decision and Directions The High Court dismissed the writ petition, finding it without merit. The court directed the JMFC, Jalgaon to proceed with the case expeditiously and independently, without being influenced by the observations made in the judgment. The ruling affirmed the lower courts' decisions and emphasized the importance of timely and relevant submissions in legal proceedings.
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