AGGARWAL TRADERS Vs. OSWAL PREMIUM SYNTHETICS PVT LTD

JUDGEMENT

(1.) CRM -7406 -2015 Allowed, as prayed for. CRM -M -29032 -2013 This petition invoking the provisions of Section 482 of the Code of Criminal Procedure (in short, "Cr.P.C.") was filed by M/s Aggarwal Traders and its Proprietor Satish Kumar Aggarwal, for quashing of the order dated 01.06.2013 passed by learned Additional Sessions Judge, Ludhiana and the order dated 10.09.2012 passed by learned Judicial Magistrate Ist Class, Ludhiana, dismissing their application for examination of a handwriting and document expert in their defence evidence for analysis of the cheque in respect of which respondent M/s Oswal Premium Synthetics Private Limited, had filed a complaint under Section 138 of the Negotiable Instruments Act (in short, "N.I. Act").

(2.) THE petitioners alleged that the respondent filed a complaint on the basis of a forged cheque which had been tendered in evidence as Ex.C5. The date of the cheque had been changed from '15.1.2008' to '15.11.2008'. Photostat copy of the cheque retained by them (petitioners) had been produced as 'Mark -D1', in which it is clear that the date of the cheque was '15.1.2008'. By adding digit '1' in the column of month, the date of the cheque had been changed to '15.11.2008'. The prayer of the petitioners was opposed by the respondent (complainant in the case under Section 138 of N.I. Act) before learned Judicial Magistrate Ist Class, as well as in the revision petition filed by the petitioners before learned Additional Sessions Judge, Ludhiana and in the instant petition filed before this Court.

(3.) HEARD the submissions made by Mr. Rajeev Joshi, learned counsel representing the petitioners and Mr. O.P. Goyal, learned senior counsel representing the respondent.