ASHOK KUMAR GARG Vs. BANSAL POULTRIES

JUDGEMENT

(1.) THIS petition has been filed for setting aside the order of the learned Judicial Magistrate 1st Class, Panchkula, dated 05.03.2013 dismissing an application moved by the present petitioner for sending the cheque in question to Central Forensic Science Laboratory (C.F.S.L.), Chandigarh, for examination to ascertain the difference of age of the ink of the signatures and writing in the body of the cheque. Learned counsel for the petitioner has relied upon a judgment of the Hon'ble Supreme Court in the case of T. Nagappa vs. Y.R. Muralidhar reported as : 2008 (2) CCC 569 (S.C.), to submit that a fair trial demands that no lacuna should be left in the defence of the accused and, as such no prejudice would be caused if the cheque in question is sent for the examination that he seeks it to be sent for.

(2.) LEARNED counsel for the respondent on the other hand, has submitted that the application itself, moved before the learned Judicial Magistrate 1st Class, was simply a delaying tactic and, as a matter of fact, it would have no bearing, on the eventual outcome of the case, because the ink which may have been used, could have been manufactured at an earlier point of time than that when it was actually used.

(3.) CONSEQUENTLY , the impugned order is set aside and the cheque in question is ordered to be sent to the C.F.S.L. Chandigarh, for determination of the age of the ink on it. However, to ensure that the trial Courts' proceedings are not unnecessarily delayed, the C.F.S.L. Chandigarh, is directed to send its report within 2 weeks, after receipt of the cheque in question from the trial Court. Nothing said hereinabove would affect the merits of the case, inasmuch as, the validity of the instrument and the purpose for which it was used or not used, or as to how the complainant came into possession thereof etc., would be determined entirely as per the wisdom of the trial Court on the basis of evidence led before it.