SANJAY Vs. RAJEEV

JUDGEMENT

(1.) HEARD finally with the consent of both the parties.

(2.) THIS is a petition filed under Section 482 of Cr. PC quashment of the order passed by JMFC, Indore on 1-2-05 in Criminal Case No. 1538/01, which was confirmed by the order dated 24-6-06 passed in Criminal Revision no. 235/05 by First Additional Sessions Judge, Indore. The present petitioner is facing trial for the offence punishable under Section 138 of the Negotiable instrument Act before learned Magistrate. During trial, two interlocutory applications, one under Section 91 of the Cr. PC and second under Sections 45, 65 and 67 of the Evidence Act were moved on behalf of the present petitioner, before the learned Magistrate. Those two applications were considered by the trial Court and were dismissed. That order was confirmed by the Revisional court also.

(3.) LEARNED Counsel for the petitioner submitted that the signature on the cheque are not in dispute in this case, and as per the defence of the present petitioner, the amount of cheque was already paid to the complainant, but later on complainant interpolated in that cheque and entered another date and made certain entries and then presented the cheque in the bank. He submitted that the bank account of the present petitioner in Bank of India, Hamidia Branch, bhopal, was already closed long back and the suit was filed by that bank against the petitioner. Learned Counsel for the petitioner submitted that he moved an application for calling the bank record pertaining to that suit and the account of present petitioner, to show that cheque bearing serial number either less or more than the present cheque, from the same cheque book have been entered in that account and thereafter, the account was closed which shows that forgery has been committed by the complainant. He further submitted that another prayer was made to get the cheque examined by some handwriting expert, to prove such forgery committed by the complainant. These applications were dismissed by learned Trial Court without any valid reason and therefore, he prays that in the interest of justice those applications be allowed and an opportunity be provided to the petitioner to call the bank record and to get the cheque in question, examined by an expert to prove his defence.