SHIV DUTT Vs. PREM CHAND SHARMA

JUDGEMENT

(1.) This petition has been filed by complainant-Shiv Dutt for setting aside order dated 21.11.2014 passed by the learned Judicial Magistrate First Class, Faridabad whereby his application for comparing the signatures of accused-respondent on the cheque and receipt with the admitted signatures present on the power of attorney and statement on oath before the court as well as sale-deed executed by the accused through FSL Madhuban, has been declined.

(2.) Briefly stated, petitioner filed a complaint (not on record) under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as he "Act") against respondent - Prem Chand alleging that a cheque for an amount of Rs. 4,92,034/-had been issued by him in the discharge of his liability, the same having been dishonoured by the Bank due to insufficient funds. It is alleged that the respondent-accused knowingly and deliberately with an intention to cheat the complainant, issued the abovesaid cheque. A legal notice was sent to him but payment was not made. Consequently present complaint was filed. The petitioner led evidence in support of his case. He led evidence by way of submitting his own affidavit, Annexure P4. He was duly cross-examined. Petitioner led his entire evidence and closed his evidence. In defence, the respondent-accused took a specific stand that he never signed the cheque in question and the signatures appearing on the same are forged and fabricated.

(3.) Respondent-Accused examined a handwriting and fingerprint expert, who specifically opined that signatures of the accused present on the cheque in question and the admitted signatures of the respondent-accused are not similar. Said witness was duly cross-examined by the petitioner-complainant. Thereafter, an application dated 23.09.2014 (Annexure P1) was moved by the petitioner for having a comparison of the signatures of respondent-accused on the cheque and receipt with his signatures on power of attorney and statement on oath as well as sale-deed executed by him by the Forensic Science Laboratory at Madhuban. Reply to the application (Annexure P2) was filed.