LAWS(ALL)-2024-4-114

DINESH DIXIT Vs. STATE OF U.P.

Decided On April 10, 2024
Dinesh Dixit Appellant
V/S
STATE OF U.P. Respondents

JUDGEMENT

(1.) Heard Sri Sita Ram Sharma, learned counsel for the petitioner and Sri Pankaj Srivastava, learned AGA-I appearing for the State-respondent.

(2.) The present petition has been filed seeking to assail the order dtd. 25/7/2023 passed in Complaint Case No.3553 of 2014, under Sec. 138 of the Negotiable Instruments Act, 1881 [NI Act] in terms of which the application filed by the petitioner seeking a direction to get the hand writing in which the amount and the date had been filled up on the cheque, be referred for examination to the Forensic Science Laboratory [FSL], has been rejected. The subsequent order dtd. 24/8/2023 whereby the criminal revision filed thereagainst, was dismissed, is also sought to be assailed.

(3.) Learned counsel for the petitioner has sought to assail the order rejecting the application seeking reference to the FSL by submitting that the signatures of the petitioner had been obtained on the cheque under coercion, and accordingly an application dtd. 17/7/2023 was submitted for getting the hand writing in which the date and the amount had been filled up on the cheque, verified by the FSL.