S MINZ Vs. MADHU BALA GUPTA

JUDGEMENT

(1.) THIS is a revision petition filed against the order of the learned MM dated 11.11.2011, in the Complaint Case No. 44/2008 under Section 138 of the Negotiable Instruments Act (hereinafter referred to as the "Act") whereby the learned MM dismissed the application of the petitioner under Section 45 of the Evidence Act praying for examination of the signatures on the dishonored cheque by the FSL.

(2.) THE facts necessary for the disposal of the present petition are that the petitioner issued two cheques bearing cheque no. 549103 dated 17.12.2007 and 549104 dated 26.12.2007 of the amount of Rs. 2.5 lacs each to the complainant/ respondent. THE cheques were dishonored on presentation to the bank of the complainant/ respondent citing "insufficient funds". THEreafter, a legal notice was issued and due to non- payment of the cheque amount, a complaint was filed in the Court of learned MM under Section 138 of the Act. THE prosecution evidence was recorded and the prosecution witnesses cross-examined by the petitioner's counsel. THEreafter, the petitioner, in his defense, moved an application under Section 45 of the Evidence Act for verification of the signatures on the dishonored cheque by the FSL. This application came to be dismissed by the learned MM vide order dated 11.11.2011. Hence, the present petition.

(3.) I have heard the counsel for the parties and perused the evidence and the case laws cited by the parties.