VIJAY KUMAR Vs. OM PRAKASH DUBEY

JUDGEMENT

(1.) Petitioner has come up with the present petition u/S. 482 of CrPC for setting aside the order dtd. 19/03/2021 passed by 13th Additional Sessions Judge, Gwalior (MP) in Criminal Revision No.331/2019, allowing the revision preferred by respondentcomplainant against the order dtd. 21/08/2019 passed by the Court of JMFC, Gwalior in Criminal Case No.241/2014, by which the Court of JMFC has dismissed the application filed on behalf of respondentcomplainant for sending disputed cheques to the FSL for determination of 'ink' on the disputed cheques.

(2.) Factual matrix of the case in short is that the complainant/ respondent has filed a complaint u/S. 138 of Negotiable Instruments Act [ in short ' NI Act'] alleging therein that he and the petitioner were having in friendly acquaintance with each other. According to complainant, he had lent a sum of Rs.1,50,000.00 to the respondent and at the time of repayment of the same amount, the petitioner had issued two cheques, dtd. 25/08/2013 and 05/07/2013 respectively of Central Bank of India in his favour. During the encashment of said cheques, it was found that there was variation of three years in regard to writing of petitioner on the said cheques by 'ink'. Therefore, before the Court of JMFC an application was filed by respondent for sending the disputed cheques to the FSLfor determination of 'ink'. Summons was issued to the petitioner and matter was fixed for defence evidence and in defence, the petitioner examined himself and other witnesses as well as filed reply to complaint filed by respondent u/S. 138 of the NI Act.

(3.) After hearing both the parties, the Judicial Magistrate First Class dismissed application filed by respondent vide order dtd. 21/08/2019. Being aggrieved, respondent, thereafter, filed a revision before Revisional Court and same has been has set aside by Revisional Court vide impugned order dtd. 19/03/2021 by allowing application filed on behalf of respondent. Hence, this petition.