MANOJ KUMAR Vs. VIPIN GAUTAM

JUDGEMENT

(1.) The present petition has been preferred by the petitioner under 227 of the Constitution of India read with Section 482 of Code of Criminal Procedure (Cr.P.C.) for setting aside the impugned order dated 12th February, 2015 passed by the learned Additional Chief Metropolitan Magistrate (North), Rohini in C.C. No.126/1/14 and allowing the specimen handwriting (comprising figure work also) of the respondent to be taken in the Court for the purpose of its comparison with the disputed handwriting appearing on the cheque in question.

(2.) The facts giving rise to the present petition are within the narrow compass and to the extent necessary, have been reproduced hereinafter. A complaint under Section 138 of the Negotiable Instruments Act, read with Section 420 of the Indian Penal Code (IPC) was filed by the respondent against the petitioner in respect of the dishonourment of a cheque issued for a sum of Rs.3,00,000/.

(3.) Learned counsel for the petitioner has further submitted that the petitioner had issued a blank signed cheque to the respondent qua security of a committee (chit fund) which was being run by the respondent and in which the petitioner was one of the member. It is stated that at the time of becoming a member of the said committee, the respondent demanded a blank signed cheque as a security which was a condition applicable on all members. It was further submitted that the petitioner took a chit fund for a sum of Rs.50,000/- which was to be paid in instalments spread over a period of twenty months. After repayment of all instalments, the petitioner demanded his cheque in question which was not returned by the respondent on the plea that the same was misplaced and would be returned as and when found.