VIKAS KUMAR Vs. SUNNY SUMAN

JUDGEMENT

(1.) Heard finally with the consent of learned counsel for the rival parties.

(2.) In this petition under Sec. 482 of Cr.P.C., the petitioner has called in question the legality, validity and propriety of the order dtd. 26/02/2020 passed in Criminal Revision No. 23/2019 by 2nd Additional Sessions Judge, Ashoknagar affirming the order dtd. 02/04/2019 passed in case No. 222/2016 by Judicial Magistrate First Class, Ashoknagar, whereby, the application under Sec. 45 of Evidence Act filed by the petitioner has been dismissed.

(3.) The brief facts leading to filing of this case are that the complainant namely Sunny Suman/respondent has filed a complaint before the Judicial Magistrate First Class, Ashoknagar. In the complaint, it is stated that he knew the petitioner. The petitioner demanded an amount of Rs.1,20,000.00from the complainant. The said amount was given by the complainant to the petitioner for the purpose of utilization of the same in the business. As a security against the said loan amount, the petitioner has given a cheque bearing No. 326633 to the complainant amounting to Rs.1,20,000.00. When the petitioner did not return back the said loan amount, the complainant has presented the said cheque in the Bank for its encashment, but the Bank has returned back the said cheque with a note insufficient fund. Thereafter, the complainant has filed a case against the petitioner before the Judicial Magistrate First Class, Ashoknagar. The Judicial Magistrate First Class, Ashoknagar vide order dtd. 15/02/2016 took cognizance against the petitioner under Sec. 138 of Negotiable Instruments Act. Thereafter, the petitioner has moved an application under Sec. 45 of Evidence Act seeking examination of Ex. D/1 and Ex. D/2 by handwriting expert.