MEENA TIWARI Vs. SATYA PRAKASH CAPITAL INVESTMENT LTD

JUDGEMENT

(1.) THE petitioner/ accused has preferred this petition under section 482 Cr. P. C. for permitting her to examine cheque (Ex. P-1) by a handwriting expert.

(2.) THE brief facts of the case are that petitioner took loan of rs. 1,20,000/-from respondent for purchasing a car. The amount of rs. 1,56,055/-with interest was required to be paid in 23 instalments each instalment being of Rs. 6785/ -. She issued post dated cheques. The disputed cheque is of 12th March, 2003 which was issued only for rs. 6785/-, but it has been interpolated by adding No. "9" before "6785", making it Rs. 96, 785/-forgedly. The petitioner had signed the cheques and only Rs. 6785/-were written in the cheques and rest columns were left empty. Interpolation is done in cheque hence it is forged one. She did not receive any notice, therefore, there was no question to sign its acknowledgement. Since the time for revision has already been elapsed, therefore, this petition is preferred for invoking the inherent jurisdiction of this Court.

(3.) LEARNED counsel for the petitioner has submitted that interpolation has been done in the disputed cheque. The amount is made from 6785 to 96785, therefore, examination of this document (Ex. P-1) by handwriting expert is essential. Further he has submitted that the applications filed in this behalf have been rejected by trial court. The rejection of application is erroneous because the petitioner is being deprived of the opportunity to get this document examined by hand writing expert. Therefore, for the ends of justice this petition be allowed.