YASH PAL Vs. STATE OF U P

JUDGEMENT

(1.) THE present writ petition has filed by the petitioner with the prayer to quash/ set -aside the order dated 21.1.2014 passed by the Additional Civil Judge (J.D.)/Judicial Magistrate, Court No.2, Ghaziabad in complaint no. 1170 of 2012 under Section 138 Negotiable Instruments Act, Police Station Modi Nagar, District - Ghaziabad and the order dated 9.4.2014 passed by the Sessions Judge, Ghaziabad in criminal revision no. 53 of 2014.

(2.) HEARD learned counsel for the petitioner and the learned AGA for the State and perused the entire record.

(3.) LEARNED counsel for the petitioner has submitted that application for obtaining handwriting expert opinion about the signature on cheque has been illegally rejected by the trial court. The revision was also illegally rejected by the Session Judge. It has further been submitted that if the impugned orders sustain, valuable right of the petitioner to contest the case and to prove the matter in his favour would be affected. It is further submitted that his submission finds support from the decision of the Rajasthan High Court in the case of Hanuman Sahay Sharma vs. Manish Dhamani, 2013 CrLJ 370.