LAKHI RAM Vs. RAJ PAL SINGH SUHAG

JUDGEMENT

(1.) Tersely, the facts and material, culminating in the commencement, relevant for the limited purpose of deciding the core controversy involved in the instant petition and emanating from the record are that, in the wake of complaint of complainant Raj Pal Singh Suhag-respondent (for brevity 'the complainant'), the petitioner Lakhi Ram son of Duli Chand (accused) was convicted and sentenced to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs. 10,000/-, for the commission of offence punishable under Section 138 of the The Negotiable Instruments Act, 1881 (hereinafter to be referred 'the Act'), by the trial Court, vide impugned judgment of conviction dated 29.07.2006 and order of sentence dated 31.07.2006.

(2.) Aggrieved thereby, the petitioner-accused preferred the appeal, to challenge the judgment of conviction and order of sentence.

(3.) During the pendency of the appeal, the petitioner-accused moved an application for permission to lead the additional evidence to produce Handwriting Expert opinion. The application was allowed by the appellate Court, by way of order dated 01.10.2011 (Annexure P-1). Since the cost was not paid, so, the appellate Court did not permit him to produce the additional evidence and fixed the appeal for final arguments. Not only that, the appellate Court has dismissed his application for taking his specimen handwriting, to compare the same with the handwriting on the cheque for taking the opinion of Handwriting Expert, by means of impugned order dated 21.12.2011 (Annexure P-4).