LAWS(P&H)-2019-9-448

RAGHBIR SINGH SAMDHYAN Vs. RAVINDER KUMAR DHIMAN

Decided On September 26, 2019
Raghbir Singh Samdhyan Appellant
V/S
Ravinder Kumar Dhiman Respondents

JUDGEMENT

(1.) Challenge is to the order dated 02.03.2017 passed by the learned Judicial Magistrate 1st Class, Ambala, dismissing the application under Section 311 Cr.P.C. filed by the complainant for permission to examine Hand-writing and Finger Print Expert. Accused has defended the complainant under Section 138 of the Negotiable Instruments Act on the strength of Settlement/Deed of Compromise Exhibit D-2. No doubt, the aforesaid Compromise Deed was put to the complainant in cross-examination. However, he denied execution and genuineness of the aforesaid Deed of Compromise. The evidence of the complainant was recorded on 30.08.2016 and evidence of the prosecution was closed on 16.09.2016. In defence evidence, respondent has examined a Hand-writing and Finger Print Expert in order to prove the signatures of the complainant. The petitioner-complainant thereafter filed an application under Section 311 Cr.P.C. for permission to examine the Hand-Writing and Finger Print Expert. The learned Court has dismissed the application on the ground that petitioner was well aware about the document Exhibit D-2 at the time of leading his evidence but he failed to examine any expert.

(2.) This Court has heard learned counsel for the parties at length with their able assistance and perused the order passed by the Court.

(3.) Learned counsel for the petitioner contends that the entire dispute now revolves upon the Exhibit D-2-alleged Deed of Compromise. He submits that this document was put to the petitioner-complainant on 30.08.2016 and execution thereof was denied by the petitioner. He further submits that the evidence was closed within 16 days thereafter. He further submits that Section 311 Cr.P.C. enables the Court to summon any person as a witness or examine any person in attendance or re-examine any person already examined. The only condition is that his evidence appears to be essential for the just decision of the case. Section 311 Cr.P.C. is extracted as under:-