KANSHI RAM BANSAL Vs. SUMAN MALHOTRA

JUDGEMENT

(1.) This is a petition under section 482 Cr. P.C. assailing order dated 03.22.2011 of ASJ whereby the revision petition filed by the respondent /accused herein against the order dated 11.07.2011 under section 243(2) Cr. P.C. of the MM was allowed.

(2.) The petitioner/complainant had filed a complaint under section 138 of the Negotiable Instruments Act (for short the Act ) in the Court of MM. In the said complaint the petitioner had led evidence and the statement of the accused/respondent under section 313 Cr. P.C. was also recorded. The case was at the stage of defence evidence of the respondent/accused. An application was filed by the accused under section 243(2) Cr. P.C. for examination of handwriting expert in order to prove that the cheque in question, which formed the basis of the said complaint, was neither signed by her nor had impression of her palm and fingers. The MM dismissed the said application vide his order dated 11.07.2011 observing that the accused/respondent had earlier filed an application under section 311 Cr. P.C. read with section 45 of the Evidence Act which was dismissed vide order dated 23.04.2011 and another application under section 45 and 73 of Evidence Act seeking expert opinion which was also dismissed vide order dated 20.05.2011 with costs. He observed that issue pertaining to the examination of expert has already been dealt with in both the applications which have been dismissed and so the same issue could not be taken up again. He also observed that the present complaint was to be decided expeditiously as per the order of this Court and consequently he dismissed the said application with cost of Rs.10,000/-.

(3.) The respondent/accused took the matter in revision before the Court of ASJ who vide the impugned order allowed the revision petition and observed that the accused had the right to produce expert witness in her defence. Consequently, he granted one opportunity for the examination of the expert witness.