GIAN LAL Vs. BALKRISHAN RAWAT

JUDGEMENT

(1.) PRESENT petition has been filed by the Petitioner/Defendant against the order, dated 5.3.2011, passed by the learned Civil Judge (Junior Division), Jubbal, Shimla dismissing the application filed by the Petitioner/Defendant under Section 45 read with Section 73 of the Indian Evidence Act for sending the cheque for comparison. The prayer made by the Petitioner was that the cheque be sent to the expert for seeking his opinion whether the name, date and amount in words and figure of the cheque in question has been filled by the Petitioner or not.

(2.) A notice of the petition was issued to the Respondent.

(3.) IT is clear from a perusal of the facts of the case that the Defendant/applicant had not disputed his signatures on the cheque in question. The dispute in question is only in regard to the amount of cheque as to whether it was filled in the hand of the applicant/Defendant or not.