CHANDRA PRAKASH SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the revisionist, learned A.G.A. as well as learned counsel appearing for respondent no. 2.

(2.) This revision has been filed for setting aside the orders of the court below dated 17.09.2018 as well as 07.01.2019. A further prayer has been made to direct the court below to take appropriate steps for obtaining the report of the hand writing expert of Forensic Science Laboratory, Lucknow for verifying the signature on the cheque in question.

(3.) Facts of the case, in brief, are that a complaint under Section 138 of the Negotiable Instrument Act was filed by respondent no. 2 against the revisionist with the allegation that a cheque amounting to Rs.10 lac signed and issued by the revisionist to respondent no. 2 for discharging his liability, was dishonoured due to insufficient balance, which was registered as Complaint Case no. 1808 of 2015 (Suresh Gautam Vs. Chandra Prakash Singh), P.S. Hasanganj, District Lucknow. Cognizance was taken by the court below and after recording the evidence, liberty was given to the revisionist for producing the defence witness. After recording of the defence evidence, revisionist moved an application under Section 243(2) Cr.P.C. dated 16th October, 2017 with the request that he had not issued any such cheque and the same ought to be sent for opinion of handwriting expert to ascertain the genuineness of the signature made on the same. Court below vide impugned order dated 17th September, 2018 rejected the said application with the observation that on the application, the applicant-revisionist made his signature in English, however, on the cheque, the signature is made in Hindi and, therefore, it is not appropriate to send the cheque in question for opinion of the handwriting expert to ascertain the genuineness. It has also been observed by the court below that the revisionist had not produced any documents, on which he had made signatures in Hindi. Hence, this revision.