JAI MAA BHANBHORI TRADING CO. Vs. MOHINDER SINGH

JUDGEMENT

(1.) By way of present petition filed under Sec. 482 Cr.P.C., prayer has been made for quashing/setting aside of impugned order dtd. 18/3/2024 passed by the Judicial Magistrate Ist Class, Kaithal, whereby an application filed at the instance of the petitioners seeking permission to examine handwriting expert for the purpose of comparison of the writing on the body of cheque with the signatures of petitioner No.2 thereupon was declined.

(2.) Having been arrayed as an accused in Complaint No.NACT/96/19 under Sec. 138 of the Negotiable Instruments Act filed at the instance of respondent/complainant, petitioner No.2 was summoned and was facing trial. While defence evidence was going on, petitioners moved an application for seeking permission to lead evidence by examining handwriting expert so as to compare the writing on the body of cheque with his signatures thereupon. The aforesaid application was opposed at the instance of respondent/complainant. The Trial Court vide order dtd. 18/3/2024 dismissed the prayer of the petitioners.

(3.) Impugning the aforesaid, learned counsel for the petitioners while placing reliance upon decision dtd. 13/6/2022 passed in CRM-M No.45064 of 2019 titled 'Rajesh Rana vs. Parmod Kumar' submits that once the plea of misuse of cheque was raised by the accused, he should have been afforded opportunity to prove the same through handwriting expert and, thus, the application moved at the instance of the petitioners/accused was required to be allowed.