RAMA SAHOO Vs. KRUSHNA CHANDRA DHAR

JUDGEMENT

(1.) Application under Sec. 482 Cr.P.C. is filed by the petitioner with a relief to quash the impugned order dtd. 22/11/2019 passed in ICC Case No.114 of 2018 by the learned J.M.F.C,, Talcher on the ground inter alia that it is untenable in law and thus, liable to be interfered with in exercise of the Court 's inherent jurisdiction.

(2.) According to the petitioner, the opposite party has filed the complaint against him alleging commission of an offence punishable under Sec. 138 of the Negotiable Instrument Act by claiming that he had advanced a friendly loan of Rs.9,20,000.00 on 19/8/2017 and in that connection, a cheque was issued by him which could not be honoured and encashed due to insufficiency of fund. It is contended by the petitioner that the learned court below did not examine the source of income of opposite party, whether, he had the capacity to advance such a huge amount as loan and not only that, it could not be established as to if the signature on the cheque belonged to him or not without examining any officer of the Bank and under such circumstances, in order to discharge the reverse presumption, an application was moved for sending his specimen signatures to tally the signature found on the cheque in question for its examination by an expert and opinion but the same was rejected by the impugned order dtd. 22/11/2019.

(3.) None appears for the petitioner. However, the opposite party contended that the learned court below did not commit any wrong or error while rejecting the request of the petitioner. It is further contended that the petitioner filed the application for sending the cheque with specimen signature for scientific examination and opinion at a belated stage with an intention to delay disposal of the complaint, inasmuch as, there was no necessity for the same.