Order No.         4                                                              Date 22/08/2019

              Record is put-up before us for passing order.

          This hearing arises out of an application dt. 08/03/2019 filed by the complainant praying for passing necessary order for verification of the signature on the original cheque no 248869 with the signature contained in the original signature ‘Cord’ held with the O.P. bank in connection with the complainant’s A/C no.: 1340 and for directing the I.O. of Bantra P.S. case no  275/2013 to produce the original cheque to the questioned documents examination Benroe, Govt. of West Bengal and for directing the O.P. – Bank to produce original signature cord.

          It appears from the respective pleadings of the parties that admittedly on bafis of the complaint lodged by the complainant in relation to the allegation made in the present petition of complaint, police case has been started vide Bantra P.S. case no 275/2013 dt. 23/09/2013 U/S 419/420/406 of I.P.C. it appears that in connection with that police case, the I.O. concerned has already sized the disputed from the O.P. Bank for investigation and the said case is sub-judice before the Court of Ld. Magistrate. I.O. concerned has seized the said cheque obviously for the purpose of proving genuineness of the signature on the said cheque and in that view of the matter it is not definable to interfere in the investigation of a specific police case by directing the I.O. to produce the said seized cheque and other documents. Moreover the complainant is at liberty to file certified copy of the charge-sheet / final order of that Police Case.

          In the above facts and circumstances we are not inclined to allow the prayer of the complainant as prayed for- in the petition dt. 08/03/2019.

          Hence

                   it is,

O R D E R E D

          that  the petition dt. 08/03/2019 is dismissed on contest.

          M.A case no 59/2019 is accordingly disposed of.

Dictated & corrected by me.  

President