PRAVENDRA SINGH RAGHUVANSHI Vs. VIKRAM RAGHUVANSHI

JUDGEMENT

(1.) THIS petition has been preferred under Section 482 of Cr.P.C. for quashing the order passed by Special Jude, Vidisha in Cri. Revision No. 16/2014, whereby the order passed by JMFC, Vidisha in Cri. Case No. 178/2009 on 16.12.2013 rejecting the application under Section 45 of the Indian Evidence Act, has been dismissed.

(2.) BRIEFLY stated the facts are that respondent has filed a private complaint under Section 138 of Negotiable Instruments Act alleging that petitioner has taken a loan of Rs. Twenty lacs and gave a cheque. When the cheque was submitted for encashment it was dishonoured. The petitioner has submitted an application under Section 45 of the Indian Evidence Act at the defence stage stating that he has not taken Rs. Twenty lacs as alleged by the complainant. He has given the cheque of Rs. Two lacs. After adding one zero in Rs. Two lacs the figure has been made Rs. Twenty lacs. There is a difference of handwriting and age of the "zero", therefore, it was prayed that it should be examined by the handwriting expert. The prayer was opposed by the respondent. The learned trial Court has rejected the prayer against which criminal revision was preferred, which has also been rejected vide order dated 6.3.2014. Being aggrieved this petition has been preferred.

(3.) LEARNED counsel appearing for the respondent has supported the impugned order and submitted that no illegality has been committed by the Courts below, hence no interference is called for.