ASHOK SONI Vs. N R SURYAVANSHI

JUDGEMENT

(1.) This petition has been filed under Section 482 of Cr.P.C. for quashing the order passed by J.M.F.C. Gwalior in Case No. 1550/2010 dated 11.02.2013, whereby the application of the petitioner under Section 45 and 47 of Evidence Act has been rejected. The facts giving rise to this petition are that the respondent/complainant has filed a private complaint under Section 138 of Negotiable Instruments Act alleging that the petitioner has taken loan of Rs. 60,000/- from the respondent, after that the respondent asked for repayment of loan then the petitioner gave a cheque bearing no. 115209 of Rs. 60,000/- of State Bank of Indore, Patankar Branch, Lashkar dated 3.09.2010. When said cheque was submitted for encashment the same has been returned with a note, 'insufficient fund'. The learned trial Court recorded the statement of the complainant and his witnesses and the case was fixed for defence evidence on 15.01.2013. The petitioner has preferred an application under Section 45 and 47 of Evidence Act and submitted that he has not taken any loan and has not given any cheque to respondent. He has given a blank cheque after signing it as a security before the witnesses and the police on pressure and it is prayed that complainant be directed to get examined by the handwriting expert. This prayer has been disallowed by the trial Court holding that the petitioner has not disputed the signature on the cheque. Being aggrieved the petitioner has preferred this petition.

(2.) It is submitted by the learned Counsel for the petitioner that impugned order passed by learned trial Court is not sustainable being perverse and contrary to the principles of law. The petitioner is entitled to rebut the case of the respondent. Adducing evidence in support of the defense is a valuable right of the petitioner. Denial of that right means denial of fair trial. Hence, it is prayed that the order be quashed.

(3.) The prayer is opposed by the learned Counsel for the respondent submitting that petitioner has filed an application on defense stage being not dispute. Petitioner has not disputed the signature in the cheque. The prayer made by the petitioner for the examination of the of handwriting on the cheque is malafide. Hence prayed for rejection.