BIKRAM KUMAR JENA Vs. DEEPAK KUMAR MOHAPATRA

JUDGEMENT

(1.) This is an application under section 391 of the Cr.P.C. filed by the petitioner Bikram Kumar Jena for passing necessary orders to send the disputed cheque (Ext.2) to the handwriting expert. In the prayer portion, nothing has been indicated as to on what aspect the handwriting expert would examine the cheque in question. However, in paragraph-5 of the misc. case, it is mentioned that the amount mentioned in the cheque, the date mentioned therein and the person to whom it has been issued have been manipulated by the complainant-opposite party and the same is in a complete different ink. Admittedly, no such prayer was made by the petitioner either before the learned Trial Court or before the learned CRLREV No.1 of 2011 Appellate Court to send the disputed cheque to the handwriting expert.

(2.) Learned counsel for the petitioner Mr. D.P. Dhal contended that to arrive at a just and fair conclusion in the case, the disputed cheque should be sent to the handwriting expert so that the plea of the defence that the cheque has been manipulated could be confirmed.

(3.) Learned counsel for the opposite party Mr. Maheswar Dash on the other hand filed objection to such application wherein it is mentioned that the attempt of the petitioner in filing such Misc. Case is nothing but to patch up the lacuna and when the accused has not examined himself during trial in support of his defence plea even though he is a competent witness in view of section 315 of Cr.P.C. and he has not raised any such specific plea before the learned Trial Court and therefore, it would not be proper for this Court to entertain such a petition at this stage which has been made to defeat the ends of justice.