RAM SINGH DAMOR Vs. SUNIL KUMAR

JUDGEMENT

(1.) The petitioner is an accused in a case under section 138 of Negotiable Instrument Act, filed against him by the respondent. THE cheque amount is Rs. 1,05,000/-. THE petitioner though admits his signatures on the cheque in question but he denied having issued the said cheque to the respondent. According to the petitioner blank signed cheque was given by him to the respondent as security for re-payment of loan amount of Rs. 40,000/- taken by him from the respondents. It is submitted by the petitioner's learned counsel that the petitioner had returned Rs. 15,000/- out of loan amount of Rs. 40,000.00 to the respondent and the amount remained unpaid was only Rs. 25,000.00.

(2.) The defence of the petitioner in proceedings under section 138 of Negotiable Instrument Act against him is that respondent himself has filled his name and the amount of the cheque on the blank signed cheque given to him and he wants an opportunity to prove his defence by getting the handwriting in regard to name and amount of the cheque on the cheque in question for comparison to the Forensic Science Laboratory, Bhopal.