SHRI OM POULTRIES Vs. DANG POULTRIES

JUDGEMENT

(1.) The matter has been taken up through video conferencing.

(2.) Through the present petition challenge is made to the order dtd. 28/1/2020 passed by the Additional Sessions Judge, Ambala (hereinafter referred to as - the Appellate Court) through which the petitioners' application filed under Sec. 391 Cr.P.C. for the grant of permission to examine handwriting and fingerprint expert was dismissed.

(3.) The facts in brief which are required to be noticed for adjudicating upon the present petition are that the respondent filed a complaint before the Trial Court under Sec. 138 of the Negotiable Instruments Act, 1881 (for short - the Act) through which it was alleged that the petitioners had been purchasing poultry feed from the complainant and for such purchase had issued, in favour of the complainant, a cheque dtd. 21/3/2016 for Rs.11,43,150.00. Such cheque, on presentation, was dishonoured with the remarks "funds insufficient". Thereafter, the complainant had sent a legal notice to the petitioners to pay the cheque amount but when the petitioners failed to respond to the same, the complainant filed his aforesaid complaint.