BHADAURIA TILES Vs. RAMKUMAR SINGH KUSHWAH

JUDGEMENT

(1.) WITH the consent of learned Counsel for the parties, heard finally.

(2.) THIS revision has been preferred under Sections 397, 401 of Cr.PC for setting aside order dated 26-4-2010 passed by Fourteenth Additional Sessions Judge, Gwalior, in Criminal Revision No. 170/2010, whereby revision is partly allowed setting aside order dated 23-3-2010 passed by JMFC, Gwalior, in Criminal Case No. 9681/08 rejecting the application filed under Section 45 of the Evidence Act by the respondent/accused.

(3.) IT is contended by learned Counsel on behalf of applicant/ complainant that since respondent/accused is admitting his signature on the cheque, there is no necessity for sending the cheque for examination by Handwriting Expert concerning other contents of the cheque. IT is further submitted that as per Section 139 of the Act presumption is in favour of the holder of the cheque unless the contrary is proved. Learned Counsel placed reliance on Sanjay Vs. Rajeev, 2007(2) M.P.H.T. 182. In that case, prayer was made to get the cheque examined by Handwriting Expert in order to prove that forgery has been committed by the complainant as the amount of the cheque was already paid to the complainant, but later on complainant interpolated in that cheque and entered another date and made certain entries and then presented it in the bank. Considering the fact that signature on the cheque is admitted, it is held that there is no necessity to examine the questioned cheque by Handwriting Expert and petition was dismissed. Placing reliance on this citation, it is contended by learned Counsel for the applicant that as the signature on the disputed cheque is admitted by respondent, there is no need to send the cheque for examination by Handwriting Expert concerning its other contents including date, amount etc. IT is further contended that application under Section 45 of the Evidence Act is very belated. No specific questions were put to complainant and witness concerning other contents of cheque in cross-examination. Hence, order of learned Revisional Court deserves to be set aside.