ANKIT SHRIVASTAV Vs. BINOD KUMAR RAI

JUDGEMENT

(1.) The petitioner has approached this Court challenging order dated 6.11.2019 whereby the learned trial Court has declined the request of the petitioner for examining Handwriting Expert.

(2.) A few facts necessary to notice for disposal of this petition are that respondent Binod Kumar Rai instituted a complaint under Section 138 of Negotiable Instruments Act against the petitioner Ankit Shrivastav alleging therein that the petitioner had borrowed an amount of Rs. 2,30,000/- from him and in order to repay the same, the petitioner had issued two cheques i.e. cheque No.073443 and cheque No. 073444 of 25.5.2017, each for an amount of Rs. 1,15,000/-. However, the said cheques, upon presentation, were dishonoured, leading to filing of the complaint.

(3.) During the pendency of the trial, an application under Section 311 Cr.P.C. was moved on behalf of the petitioner/accused for examination of two witnesses. The contents of the application dated 19.7.2019 (Annexure P-6) read as follows :-