DARSHAN LAL Vs. ARJUN SINGH

JUDGEMENT

(1.) This petition filed under Section 482 of Criminal Procedure Code, 1973 (for brevity, 'the Code') prays for quashing order dated 6-11-2003 passed by Judicial Magistrate 1st Class, Ludhlana declining the prayer of the petitioner seeking permission to adduce evidence by way of producing a handwriting expert. It was further prayed in the application that the handwriting expert be permitted to take necessary photographs by inspecting the file to enable the petitioner-accused to prove that Bill, Exhibit P-8 has not been signed by him.

(2.) Brief facts of the case which have led to the filing of the instant petition are that the complainant Arjun Singh filed a criminal complaint under Section 138 of the Negotiable Instruments Act, 1881 (for short, 'the Act') against the petitioner-accused alleging that the goods were supplied to the petitioner accused by him and Bill, Exhibit P-8 issued to the petitioner-accused which was duly signed by the petitioner-accused. The petitioner-accused has denied his signatures on Bill, Exhibit P-8 by filing written statement and also in the statement made before the Magistrate on oath on 14-8-2001. After his statement, an application was moved seeking permission to produce the handwriting expert for taking necessary photographs by inspecting the file. The application has been dismissed vide impugned order and the operative part of the order reads as under :

(3.) Mr. P. S. Khurana, learned counsel appearing for the petitioner has argued that according to the well established principles, the liability of the petitioner accused cannot be established unless it is shown that the cheque was issued in lieu of the goods purchased vide Bill, Exhibit P-8. According to the learned counsel, if Bill, Exhibit P-8 is found to be without the signatures of the petitioner-accused, then there was no question of issuing any cheque and no liability of the petitioner accused would arise. Learned counsel has pointed out that in the written statement as well as in the statement made on oath before the Court, a consistent stand has been taken by the petitioner accused that Bill, Exhibit P-8 did not bear his signatures and the whole case of the complainant Arjun Singh is falsified.