SUDHIR KUMAR Vs. PADAM SINGH

JUDGEMENT

(1.) The present petition raises a challenge to the order dtd. 1/12/2021 passed by the Judicial Magistrate First Class, Sohna, Gurugram in case No. NIA/14/2017 titled as "Padam Singh versus Sudhir Kumar" filed under Sec. 138 read with Sec. 141 and 142 of the Negotiable Instruments Act and under Ss. 406 and 420 IPC as also the order dtd. 18/1/2022 passed by the Additional Sessions Judge, Gurugram dismissing the revision petition filed by the petitioner on an application for seeking permission to engage the Hand Writing Expert.

(2.) Learned counsel for the petitioner has impugned the said orders passed by the Courts below whereby the application of the petitioner for appointment of a Hand-Writing Expert to obtain expert opinion about writing on the cheque in question was dismissed.

(3.) Learned counsel has argued that the respondent-complainant had based his complaint alleging therein that the petitioner had issued the cheque in question on 24/10/2016 for an amount of Rs.5,00,000.00 in discharge of his liability. As a matter of fact, the petitioner had never issued the said cheque nor there was any liability to be discharged by him. It is argued that the husband of the petitioner and the respondent were doing business together and it was at the said relevant period of time that the petitioner gave the cheque to the respondent as a security for their mutual transactions and business of property dealing. It is contended that the cheque in question was not signed by the petitioner and had been handed-over as a blank cheque. There was no legally enforceable debt.