MANJIT KAUR Vs. SURESH KUMAR

JUDGEMENT

(1.) Prayer in this petition, filed under Section 482, Cr.P.C., is for quashing of the order dated 1.10.2007 (Annexure P-8), passed by the learned Sub-Divisional Judicial Magistrate, Anandpur Sahib, and the order dated 15.7.2009 (Annexure P-10), passed by the learned Additional Sessions Judge, Fast Track Court, Ropar, whereby the application (Annexure P-6), filed by the petitioner for comparison of the hand-writing and the signature on Cheque No. 948644, dated 20.4.2004, was dismissed.

(2.) The brief facts of the case are that the petitioneraccused, Manjit Kaur, was summoned to face trial for the offence punishable under Section 138 of the Negotiable Instruments Act, on account of bouncing of Cheque No. 948644, dated 20.4.2004, allegedly issued by her. After completion of the complainant's evidence and recording of statement of the petitioner in terms of Section 313, Cr.P.C., the case was posted for defence evidence. At that stage, an application (Annexure P-6) was presented for comparison of the hand-writing and the signatures of the petitioner-accused with the alleged hand-writing and the signature of the petitioner on Cheque No. 948644, dated 20.4.2004, by summoning a Handwriting Expert. The said application was dismissed by the learned Trial Court vide its order dated 1.7.2007 (Annexure P-8), on the ground that the respondent-complainant had drawn the attention of the Court towards one affidavit (Mark 'A') placed on record by the petitioner-accused wherein she had admitted her signature on the cheque in question.

(3.) The order passed by the learned Trial Court was challenged by the petitioner-accused before the learned Additional Sessions Judge, Fast Track Court, Ropar, by filing Criminal Revision No. 27 of 20.10.2007, but the same was dismissed vide impugned order dated 15.6.2009 (Annexure P-10).