NAGINDER SINGH Vs. HARI DASS VERMA

JUDGEMENT

(1.) This petition has been preferred against the impugned order dated 14.10.2015, passed by learned Additional Chief Judicial Magistrate, Court No.2, Shimla, H.P., in Cr.M.P. No. 2977-3 of 2014/12 in case No.171-3 of 2012, titled as Hari Dass Verma vs. Naginder Singh, allowing application filed by the complainant under Section 311-A of Criminal Procedure Code (in short 'Cr.P.C.'), whereby accused Naginder Singh has been directed to remain present in Court for giving specimen signature/handwriting during the trial pending before the Court under Section 138 of the Negotiable Instruments Act (hereinafter referred to as the 'N.I. Act') for the purpose of comparison with the signature of accused-petitioner (hereinafter referred to as the 'accused') appended on the cheque, subject matter of the trial.

(2.) Main ground, assailing the impugned order canvassed before this Court is that in view of Proviso to Section 311-A Cr.P.C., trial Court has committed a mistake of law directing the accused to give his specimen signature/handwriting for the reason that accused has, at any point of time, not been arrested in connection with investigation or proceedings related to the trial, wherein he has been directed to do so.

(3.) To substantiate his plea, reliance has been placed on behalf of the accused on para-9 of a pronouncement of Kerala High Court reported in B.C. Radhakrishnan & others vs. Saju Thuruthikunnel & Another, 2014 CrLJ 425; and para 46 of pronouncement of the Apex Court in Directorate of Enforcement vs. Deepak Mahajan and another, 1994 3 SCC 440.