SUDHIR KUMAR Vs. RAMESH KUMAR

JUDGEMENT

(1.) THIS revision is directed against the order dated 10.01.2012 passed in Cr.M.A.No.11-IV/2011 in complaint No.207-1 of 2009 passed by learned Chief Judicial Magistrate, Lahaul Spiti at Kullu.

(2.) THE facts, in brief, are that respondent had filed a complaint under Section 138 of the Negotiable Instruments Act, 1881,( for short 'Act') against petitioner on account of dishonouring of cheque dated 22.09.2008. The respondent led evidence. The petitioner during defence evidence filed an application under Sections Whether the reporters of the local papers may be allowed to see the Judgment? Yes 45,67 of the Evidence Act for examination of cheque by handwriting expert. According to the petitioner, he did not issue cheque dated 22.09.2008.The cheque, according to the petitioner, was issued on 22.07.2008, it was not presented within a period of six months. The date 22.07.2008 has been tampered to 22.09.2008. The counter-foil of the cheque also contains date 22.07.2008. The submission was made for sending the cheque to the handwriting expert for obtaining his opinion on the tampering of date of cheque from 22.07.2008 to 22.09.2008. The application was opposed. The learned Chief judicial Magistrate dismissed the application on 10.01.2012.

(3.) IN the application under Sections 45, 67 of the Evidence Act, it has been stated that the complainant has made a false complaint by tampering original cheque dated 22.07.2008. The petitioner did not issue cheque to the respondent on 22.09.2008.The cheque was issued on 22.07.2008. The respondent deliberately and intentionally tampered the date of cheque to 22.09.2008 by overwriting month Rs.7' into Rs.9'. The petitioner in support of the application filed affidavit. The application was opposed by respondent. The learned Chief Judicial Magistrate on the basis of memo dated 28.01.2009 of the bank has observed that if the date(s) had been altered, amount had been altered, column No.10 would have been taken care of the objection which requires an alteration to be authenticated by drawer. The opinion of the expert cannot be the basis to decide such kind of cases.