VIKAS YADAV ALIAS VIKASH YADAV Vs. RAJESH YADAV

JUDGEMENT

(1.) Present petition has been filed under Sec. 528 BNSS, 2023 seeking quashing of impugned order dtd. 10/2/2025 passed by learned Judicial Magistrate Ist Class, Gurugram, whereby the application for permission to compare admitted signatures with the signature on document Mark-A by an expert, was dismissed, in case stemming from criminal complaint bearing No. NACT-3256-2019 dtd. 21/1/2019 instituted under Sec. 138 of the Negotiable Instruments Act, 1881 (hereinafter 'NI Act').

(2.) Briefly, the facts, as alleged, are that the respondent advanced a loan of Rs.15,00,000.00 to the petitioner on account of friendly relations. As such, in discharge of his legal debt and liability, the petitioner issued a cheque bearing No.164436 dtd. 3/8/2018 drawn on Canara Bank, Palam Vihar, Gurugram in favour of the complainant. On presentation for encashment, the said cheque was dishonoured and complaint (supra) was instituted. To prove his innocence, an application dtd. 22/1/2025 was moved by petitioner seeking permission to have the admitted signatures of the petitioner compared with the signatures on document Mark-A, by a handwriting expert. The same was dismissed vide impugned order dtd. 10/2/2025.

(3.) Learned counsel for the petitioner inter alia contends that the petitioner has repaid the entire amount due towards him and accordingly a settlement document was executed between both the parties, which is produced before learned trial Court as Mark-A. He further contends that in spite of the repayment of whole amount, the respondent has misused the cheque in question and filed a false case against him. As such, the learned Court below has wrongly dismissed the application filed by the petitioner as it is necessary to establish the fact of payment of entire amount to the respondent.