DEEPAK KUMAR WALIA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This revision petition is directed against order dtd. 9/3/2020 passed by Judicial Magistrate Ist Class, Bathinda vide which the application moved by accused for sending the cheque for chemical test to FSL to determine/ascertain the age of ink and writing of the cheque was dismissed.

(2.) Briefly stated, the facts of the case are that complainant Avinash Kumar Goyal had filed a complaint under Sec. 138 of Negotiable Instruments Act against accused Deepak Kumar Walia; accused was summoned, served with notice of accusation. During the course of complainant evidence, the accused filed an application under reference on the plea that complaint is based upon manipulated cheque, which was never issued by accused to complainant, rather it was misappropriated by the complainant from the office of accused and for proper adjudication of the controversy, the cheque be sent to FSL for examination to determine/ascertain the age of ink and writing of the cheque.

(3.) The application was resisted by the complainant contending that the application had been filed as a dilatory tactics; that the accused had not denied his signatures on the cheque in question, therefore, there was no occasion to send the cheque to determine the age of writing; that accused had not taken any plea that writing of the cheque was in different ink. Furthermore, in an application moved, the accused had taken plea that the cheque has been obtained by the complainant as security. As a matter of fact, the accused had been taking different pleas from time to time in the instant case.