SURENDER KUMAR SHARMA Vs. RAJESH DAGAR

JUDGEMENT

(1.) Surender Kumar Sharma, the petitioner has brought this petition under the provisions of section 482 Cr. P. C. for setting aside the order dated 6.9.2012 (Annexure P5) passed by learned Additional Sessions Judge, Faridabad and the order dated 31.5.2012 (Annexure P4) passed by learned Judicial Magistrate Ist Class, Faridabad being illegal and void.

(2.) In a prosecution brought by Rajesh Dagar, the respondent against the petitioner for an offence punishable under sections 138 of the Negotiable Instruments Act, 1881 (for short, "the Act), the petitioner has made an application for allowing the original cheque for expert opinion and accept the manuscript of the accused/applicant for comparing the same with the writing of the cheque. He has claimed that he did not fill the blanks of the cheque as is claimed by the complainant as also by Virender Dagar, CW-2. According to him, the complainant and Virender Dagar have falsely stated that the accused filled the cheque himself.

(3.) According to him, the dispute between the parties is, therefore, on the question as to whether the accused had filled the complainant's name and amount in figures and words with date in the cheque. He has further submitted that he wanted to bring to the notice of the court the true facts and for that purpose expert opinion of handwriting/manuscript expert was required. Hence, he has prayed that a handwriting expert may be appointed for the said purpose.