SHILPA KAUSHIK Vs. SANTRAM SAHU

JUDGEMENT

(1.) With the consent of learned counsel for the parties, the matter is heard finally.

(2.) This petition has been preferred by the petitioner under Sec. 528 of the BNSS, 2023 being aggrieved by the order dtd. 10/3/2025 (Annexure P-1) passed by the learned Judicial Magistrate First Class, Bilaspur, District Bilaspur (C.G.) in Complaint Case No.571/2016, whereby the learned JMFC has rejected the application for examination of signature and details mentioned in Cheque No.200112 through the hand writing expert.

(3.) Facts of this case in brief are that the respondent/complainant filed a complaint under Sec. 138 of the Negotiable Instruments Act alleging that on the assurance of providing a job by the petitioner and her late husband, he arranged 73,00,000/- from relatives and friends. After the death of the petitioner's husband on 17/12/2015, no job was provided and the complainant demanded return of money. It is alleged that the petitioner issued Cheque No. 200112 dtd. 24/4/2016 for the said amount, which was dishonoured on presentation with the remark "Account Closed." Legal notice was served and the complaint was filed on 8/7/2016. The petitioner denied issuance and signature of the cheque, stating that the cheque was fraudulently obtained and misused. She applied for examination of her signature and endorsements through a handwriting expert, which was rejected by the Trial Court. A Criminal Miscellaneous Petition was filed before the High Court, which granted liberty to file a fresh application after adducing evidence. Despite this, the Trial Court again rejected the fresh application. The petitioner contends that the cheque relates to a joint account already closed on 11/1/2016, that she neither received any money nor assured any job, and that examination of the cheque through a handwriting expert is essential for a just and proper adjudication of the complaint. Hence, this petition.