JOYMON Vs. LUXOR WRITING INSTRUMENTS P. LTD.

JUDGEMENT

(1.) The present petition has been preferred under Sec. 482 of the Code of Criminal Procedure, praying for summoning the records and proceedings of the Complaint Case No. 279/1/12 titled as M/s. Luxor Writing Instruments Pvt. Ltd. v/s. Joymon; setting aside the order dated 15th February, 2013 passed by the learned Additional Session Judge(ASJ) -01, Patiala House Courts, New Delhi whereby the application of the petitioner under Sec. 243(2) of the Code of Criminal Procedure, for sending the cheques in question for expert opinion, was dismissed by learned Special Metropolitan Magistrate, Patiala House, New Delhi vide order dated 17th October, 2012 and, inter alia seeking issuance of direction to the Trial Court to take on record the application for referring the dishonoured cheque for CFSL report/hand writing expert.

(2.) The facts giving rise to the present petition are within the narrow compass and to the extent necessary, narrated hereinafter.

(3.) The petitioner namely Mr. Joymon was the proprietor of M/s. Gokul Agencies having his office at Thiruvananthapuram, Kerala while the respondent - M/s. Luxor Writing Instruments Private Limited was having its registered office at New Delhi. The petitioner was having business transaction since the year 2000 with the respondent. As per the petitioner, on 8th April, 2000, he had issued a Demand Draft for the sum of Rs. 50,000/ - as first advance payment and tendered five blank cheques bearing signatures and the name of the respondent -company, to the respondent as security. It is contended that the cheques were issued without date and time having written on them.