SAMEER CHATURVEDI Vs. KULDEEP CHATURVEDI

JUDGEMENT

(1.) This application under section 482 of Cr.P.C., 1973 has been filed against the order dated 23.3.2018 passed by JMFC, Gwalior in Criminal Complaint Case No.8151/2015 by which the application filed by the applicant under Section 45 of Evidence Act has been rejected.

(2.) The necessary facts for the disposal of the present application in short are that the respondent has filed a criminal complaint under section 138 of Negotiable Instruments Act on the ground that the applicant had issued a cheque of Rs. 18,50,000/- in discharge of his legal liability which was returned back by the Bank on the ground of "insufficient funds". The applicant filed an application under Section 45 of Evidence Act, seeking a direction for sending the cheque in question to the Handwriting Expert for verifying that whether the other entries made on the cheque are in the handwriting of the applicant or not.

(3.) It is submitted by the counsel for the applicant that since the respondent has alleged that the cheque was filled by the applicant, therefore, it is necessary to find out that whether other entries on the cheuqe are in the handwriting of the applicant or not. Further, it is fairly conceded by the counsel for the applicant that he never disputed his signatures on the cheque. The question is no more res integra.