RAM PRATAP SINGH PAL Vs. BABULAL HAMMAD

JUDGEMENT

(1.) The applicant has challenged the order dated 4.6.2011 passed by the learned Additional Sessions Judge and Special Judge-II, Bhopal in Criminal Revision No.288/2011 whereby the revision application filed by the respondent was accepted and the order dated 7.12.2010 passed by the learned JMFC Bhopal in Criminal Case No.14565/2007 was set aside.

(2.) The brief facts of the case are that the complainant/applicant has moved a complaint under Section 200 of Cr.P.C. to prosecute the respondent for commission of offence punishable under Section 138 of the Negotiable Instruments Act. During the pendency of the said complaint, the respondent moved an application under Section 45 of the Evidence Act that the cheque in question was lost, and therefore he wanted to get the examination of the hand writing of the cheque by a Handwriting Expert.

(3.) After considering the submissions made by the learned counsel for the parties, the learned JMFC Bhopal dismissed the application under Section 45 of the Evidence Act, whereas in revision filed by the respondent, the learned Additional Sessions Judge, Bhopal set aside the order passed by the trial Court and accepted the revision with the direction that one opportunity may be given to the respondent for examination of the hand writing of the cheque in question from a Handwriting Expert and it was directed that the respondent shall complete his defence within a month.