PREMO DEVI Vs. DAYA RANI

JUDGEMENT

(1.) The present petition under Section 482 of the Code of Criminal Procedure (in short 'Cr.P.C.') lays challenge to order dated 17.02.2014 passed by the Judicial Magistrate Ist Class, Karnal whereby the application filed by the petitioner-accused for examination of her signature on the cheque in dispute by an expert has been disallowed.

(2.) The respondent-complainant filed the complaint under Section 138 of the Negotiable Instruments Act on the premise that the accused purchased cement on credit basis and amount of Rs. 7,21,430/- was outstanding against her upto 23.09.2010. The accused issued the cheque in question in regard to outstanding balance of aforesaid amount which got dishonoured on its presentation to the bank and the accused failed to pay the cheque amount despite receipt of legal notice.

(3.) Counsel for the petitioner would contend that as the petitioner has denied issuance of cheque in dispute, he is entitled to lead evidence in defence to establish her plea that the cheque in question does not bear her signatures. It is further submitted that the learned trial Court has wrongly relied upon the judgment of Delhi High Court S.Minz v. Madhu Bala Gupta,2013 1 CivCC 708 to deny the petitioner an opportunity to examine an expert. The order passed by the trial Court may be set aside and the petitioner may be permitted to avail services of an expert to compare the disputed signatures on the cheque with the standard / admitted signatures of the petitioner.