STATE OF U.T., CHANDIGARH Vs. RAJAT GUPTA

JUDGEMENT

(1.) Prayer in present petition filed under Sec. 482 Cr.P.C. is for setting aside the order dtd. 4/10/2016, Annexure P-2, passed by learned Judicial Magistrate, 1st Class, Chandigarh in Criminal Complaint No.3298 of 2015, titled as'Rajat Gupta vs. Tanvi Garg and another' and order dtd. 10/5/2017, Annexure P-3, passed by learned Additional Sessions Judge, Chandigarh.

(2.) Facts in brief necessary for adjudication of the present petition are that the complainant filed a complaint alleging therein that a blank signed cheque No.152923 of UCO Bank of his daughter, was stolen by the respondent, who presented the same in the Bank after filling in his own name as the payee alongwith other particulars. On the basis whereof, FIR No.375 dtd. 31/7/2015, under Sec. 380 IPC was registered at Police Station Sector 34, Chandigarh against him.

(3.) Learned counsel for the petitioner states that the Courts below have wrongly dismissed the application filed by the Public Prosecutor, UT, Chandigarh, for providing the original cheque lying in the file of criminal complaint filed under Sec. 138 of the Negotiable Instruments Act, 1881 pending before the JMIC, Chandigarh, which was required for comparing with specimen handwriting of the respondent, inasmuch as the allegations levelled in the FIR were that the same was stolen by him. It is his further submission that the investigation of the case is still going on and the same cannot be completed in absence thereof.