NITA KANOI Vs. PARIDHI AND ORS.

JUDGEMENT

(1.) The petitioner is facing his trial on a charge under section 138 of the Negotiable Instruments Act, 1881 before the learned Additional Chief Metropolitan Magistrate, Calcutta. In course of trial, the petitioner although admitted his signatures in the cheques, but claimed the name of the payee and the amount of money were not filled up by him.

(2.) It is submitted by the learned counsel for petitioner that the blank cheques containing only the signatures of the petitioner was kept with the complainant as security with a clear understanding that same shall only be utilized, if situation so arises and with a prior intimation to the petitioner, but out of sheer mala fide, the complainant filled up those blank portions of the cheques, namely, the name of the payee and the amount and presented the same for encashment without his knowledge.

(3.) It is vehemently contended that those cheques were not issued by the petitioner in discharge of any legally enforceable debts or liabilities. It is then contended under the aforesaid background, a prayer was made before the learned Trial court for sending the cheques to the handwriting experts for verification, whether the name of the payee and the amount were written in the handwriting of the petitioner or not, but the Trial court, without giving any importance to the contention of the petitioner, turned down such prayer. It is submitted the order impugned be quashed and the prayer of the petitioner be allowed.