SUDARSHAN KUMAR Vs. MANISH MANCHANDA

JUDGEMENT

(1.) The present petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 (here-in-after called 'Cr.P.C.') for quashing the order dated 22.04.2015 passed by learned Judicial Magistrate First Class, Ludhiana in Criminal Complaint No.417/2 of 17.03.2011, whereby the application moved by the petitioner-accused for sending the cheques in question to the Director Forensic Laboratory has been dismissed.

(2.) The petitioner is facing the trial in a complaint filed by the respondent under Section 138 of the Negotiable Instruments Act, 1881 (here-in-after called 'the Act') and Section 420 of the Indian Penal Code, 1860 (here-in-after called 'IPC'). At the stage of the defence evidence, he moved application for sending the cheques in question to the Director Forensic Laboratory for the purpose of determining the age of the writing in the body of the cheque in terms of the signature, amount in the words and figure for determining the age of the ink used for filling the same in the cheques in question as the stand of the petitioner is that the cheques in question were procured as a security and the same were issued in the year 2008 and have been misused in the year 2011.

(3.) Learned counsel for the petitioner contended that the cheques in question have been fabricated. These blank cheques were issued in the year 2008 for the purpose of security for the loan advanced to Harjinder Kumar, the brother of the petitioner. These cheques were later on manipulated in the year 2011 by filling in the body of the cheque. He contended that the determination of the age of the writing/ink used to fill the body of the cheque is essential for the just decision of the case and the application of the petitioner has been wrongly dismissed by the learned Magistrate. To support his contentions, he relied upon case T. Nagappa Vs. Y.R. Muralidhar, 2008 3 RCR(Cri) 926.