VIRENDRA SINGH Vs. GURVINDER SINGH

JUDGEMENT

(1.) The background facts of the case are that the respondent filed a complaint under Section 138 of the Negotiable Instruments Act with the averments that he had given a friendly loan of rupees seven lakhs to the accused applicant and a cheque no. "010357" dated 28.7.2015 drawn at Allahabad Bank was issued by the accused applicant towards the repayment of the said friendly loan. When the complainant presented the said cheque, it was dishonourned and returned unpaid for want of sufficient funds and he received the information to this effect on 4.8.2015. The complainant, through his Advocate, gave a legal notice to the accused applicant on 17.8.2015 calling him to pay the cheque amount. However, the accused applicant did not return the money. Ultimately, he instituted the Criminal Complaint Case No. 1343/2015 against the accused applicant.

(2.) Complainant got himself examined as PW1 and produced his witness Jagjeevan Singh who was got examined as PW2. In defence, the accused applicant got examined one Daljeet Singh as DW1.

(3.) Thereafter the accused applicant moved an application for getting the cheque verified through forensic science laboratory. Complainant filed objections to the said application. Thereafter the Court below vide order dated 26.4.2019 rejected the application of the accused applicant. This order has been assailed by the accused applicant by way of filing this Criminal Miscellaneous Application under Section 482 CrPC.