HARISH SHARMA Vs. MOHAN MANDELIA

JUDGEMENT

(1.) This appeal has been filed by the appellants against the order dated 10.9.2013 passed by the writ Court in Writ Petition No. 1224/2009. Appellant No. 1 lodged a complaint at the police station that he had advanced an amount of Rs. 7,00,000/- to respondent No. 1 another person Sheetabai also advanced an amount of Rs. 9,00,000/- to him. Respondent No. 1 issued a cheque of Rs. 16,00,000/- to Seeta Bai. When the cheque was presented for clearance, it was returned back by the Bank with an endorsement that it had received stop payment and there was insufficiency of fund. The appellant No. 1 mentioned in the FIR that the cheque issued by respondent No. 1 was a forged one and it was a colored photo copy of the original cheque. After investigation, the prosecuting agency filed a charge-sheet before the appropriate Court. It was mentioned in the charge-sheet that the respondent No. 1 had committed offences punishable under sections 420, 467, 468 and 471 of IPC.

(2.) The State Minister of Home, Transport and Jail Department directed the S.P. Gwalior to re-investigate the matter. The prosecution agency during the pendency of the case before the trial Court sought opinion from the State Examiner in regard to authenticity of cheque issued by the respondent No. 1 in favour of appellant No. 1. The State Examiner of questioned document submitted following opinion:

(3.) Respondent No. 1 filed a writ petition before the writ Court for a relief that respondents police authorities be directed to conduct further investigation under section 173(8) of CrPC because the State Minister of Home, Transport and Jail Department had directed the police to reinvestigate the matter.