ASHISH DIDWANIYA Vs. SUMAN DEVI AGRAWAL

JUDGEMENT

(1.) The aforesaid CrMPs are being disposed of by this common order, as the petitioner/accused is same in both the cases.

(2.) The petitioner is challenging the order dtd. 7/2/2023 passed by the 12th Additional Sessions Judge, Raipur in Criminal Revision No.26/2023 and 27/2023 affirming the order dtd. 31/12/2022 passed by the JMFC, Raipur, arising out of Criminal Complaint Case No.2150/2018 and 2151/2018 respectively, whereby the application preferred by the petitioner/accused under Sec. 243 (2) of the CrPC for adducing the defence evidence by examining the forensic expert was disallowed.

(3.) Facts of the case are that the respondent/complainant has filed a complaint case against the petitioner under Sec. 138 of the Negotiable Instrument Act, 1881 for a cheque dtd. 1/2/2018 amounting to Rs.20.00 lakhs and after examination of the defence evidence on 31/12/2022, an application under Sec. 243 (2) of the CrPC was filed on the same day for sending the questioned cheque for forensic test, as the dates and particulars mentioned in the questioned cheque was different and date of the cheque was not properly recorded and the blank cheque was misused. The accused/petitioner has taken a specific defence that part payment of Rs.2,98,250.00 has already been made and only Rs.17,01,750.00 remained to be paid.