VIJAY TANEJA Vs. NARESH GUREJA

JUDGEMENT

(1.) The prayer in the present petition under Sec. 482 Cr.P.C. is for quashing of the order dtd. 16/2/2023 (Annexure P-2) passed by the JMIC, Gurugram in Complaint No.3998 of 2017 dtd. 18/3/2017 under Sec. 138 of the Negotiable Instruments Act, 1881 titled as Vijay Taneja Vs. Naresh Gureja, whereby an application moved by the petitioner/complainant for sending the cheque in question for examination to the FSL Madhuban for comparison of the signatures of the accused has been dismissed.

(2.) The brief facts of the case are that the petitioner/ complainant filed a Criminal Complaint under Sec. 138 of the Negotiable Instruments Act, 1881. As per the case of the petitioner, as a discharge of his legally enforceable debt, the respondent/accused had handed over a cheque of his firm M/s V.K. Casting bearing Cheque No.921238 dtd. 28/12/2016 drawn on the Indian Overseas Bank, Old Railway Road, Gurugram for Rs.3,00,000.00 which upon presentation was dishonoured. Pursuant to the issuance of the statutory notice, a complaint under Sec. 138 of the Negotiable Instruments Act was filed after which the respondent/accused came to be summoned to face trial under Sec. 138 of the Negotiable Instruments Act by the JMIC, Gurugram. A copy of the complaint is attached as Annexure P-3 to the petition.

(3.) Subsequent thereto, an application was moved by the respondent/accused for cross-examination of the complainant under Sec. 145(2) of the N.I. Act which application was allowed vide order dtd. 22/2/2018. After the completion of the cross-examination of the complainant on 24/9/2019, an application was moved by the respondent/accused for examining the handwriting and fingerprint expert in defence by stating that since the cheque was returned for the reason 'Payment Stopped' the signatures on the cheque was not compared with the specimen signatures by the bank officials and as such, the examination of the handwriting and fingerprint expert was required for comparison of the signatures of the respondent/accused on the cheques as the same had been misused and forged.