SHASHIKANT SHAMALDAS PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner is an accused in Criminal Case No.87 of 2019 filed by the respondent No.2 before the Court of learned J.M.F.C., Gandhinagar under Sec. 138 of the Negotiable Instruments Act, 1881 (for short, "the NI Act "). The petitioner seeks to challenge the order passed by the learned 3 rd Addl. Sessions Judge, Gandhinagar in Criminal Revision Application No.29 of 2021 whereby, the revisional Court rejected the application of the petitioner wherein he had made a prayer for sending the cheque to F.S.L. for opinion of the Hand-writing Expert and forensic science opinion qua the ageing and writing on the cheque.

(2.) Learned advocate Mr. Jadeja submitted that the rejection of the application has led to the denial of opportunity of defence and fair trial. Mr. Jadeja stated that the petitioner accused was duped by his friend in collusion with the complainant of complaint filed under Sec. 138 of the NI Act. The petitioner submits that the complainant had alleged that the petitioner became his friend through one Amratbhai Gopalbhai Patel and under the friendship, the present petitioner had demanded an amount of Rs.10.00 Lacs, which, he had assured to return within a year. Since he had failed to return the money that was lent by the complainant to the present petitioner, the petitioner gave him a cheque dtd. 25/10/2018 and informed him to deposit the same day so that he would get his money so noted in the cheque. On deposit of the cheque, it got returned with the endorsement of "Account closed" and therefore, the complainant issued Notice to the petitioner and lodged the complaint.

(3.) Mr. Jadeja submitted that the petitioner denied the charge and therefore, the trial Court proceeded to adjudicate the matter. During the course of trial, the petitioner gave an application Exhibit-32 for Hand-writing expert's opinion qua the ageing of ink and writing on the cheque as well as opinion of Hand-writing expert to avail the benefit of defence.