SATYENDRA UPADHYAYA Vs. OMPRAKASH RATHORE ALIAS JAPAN SINGH

JUDGEMENT

(1.) With the consent of parties, matter is finally heard.

(2.) Petitioner has filed this petition under Section 482 Code of Criminal Procedure for setting aside the order dated 20-7-2010 passed by learned Additional Sessions Judge (Fast Track), Gwalior in Criminal Revision No. 182/2010; whereby, order dated 22-2-2010 passed by the JMFC, Gwalior in Criminal Case No. 11892/07 dismissing the application of the Petitioner filed under Section 45 of the Evidence Act for sending disputed cheque for examination by handwriting expert, is affirmed.

(3.) Facts in narrow compass are that the Petitioner is facing criminal trial in the Court of JMFC, Gwalior on a complaint filed by the Respondent under Negotiable Instruments Act (for brevity "N.I. Act"). In that case the Petitioner filed one application under Section 45 of the Evidence Act praying that disputed Cheque No. 010102 is alleged to be signed by the complainant and the Petitioner has already made a complaint to concerning Bank on 24-5-2007 that the disputed cheque No. 010102, dated 13-7-2007 alongwith two other Cheque Nos. 010109 and 010110 which are all signed by the Petitioner have been lost. Hence to prevent its misuse, prayed for stopping the payment of aforesaid Cheques. It is averred in the application that complainant is Petitioner's friend and taking the advantage of fraternity, he has stolen all those cheques and complainant himself has written his name and date on the disputed cheque. On the disputed cheque the Petitioner has neither written the name of complainant nor the date. This part of the disputed Cheque in which "name of the complainant" and "date" have been written is to be sent for examination by handwriting expert. That application was rejected by the learned Trial Court and revision preferred against that order is also dismissed giving rise to this petition.