RAMESH CHAUHAN Vs. DHANI RAM

JUDGEMENT

(1.) By way of instant petition, petitioner has assailed the order dtd. 30/11/2021, passed by learned Judicial Magistrate 1st Class, Jubbal, District Shimla, in Criminal Misc. Application No. 14/4 of 2020, whereby the application of the petitioner under Sec. 311-A of the Code of Criminal Procedure has been dismissed.

(2.) Petitioner herein is facing prosecution for offence under Sec. 138 of the Negotiable Instruments Act before the learned trial Court in a complaint filed by the respondent. Respondent/Complainant concluded his evidence. Petitioner after availing number of opportunities to lead evidence came up with an application under Sec. 311-A of the Negotiable Instruments Act before the learned trial Court prayed inter alia as under:- "Therefore it is most respectfully prayed that the signature of the accused and the date of the cheque in dispute must be examined by the expert and the date filled on the cheque be kindly examined by the handwriting expert to prove the cheque was filled by the accused himself and also the opinion how old is the cheque and the handwriting of the complainant be also matched with the cheque. Any other relief which this learned court deems fit and proper be also granted in favour of the accused/applicant."

(3.) The respondent/complainant contested the application. The learned trial Court dismissed the application vide impugned order by holding that the petitioner/accused had not disputed his signatures on the cheque and thus the comparison of handwriting on other portions of the cheque was immaterial. It also weighed with the learned trial Court that the application appeared to have been moved only to delay the proceedings as the petitioner/accused had already availed five opportunity to lead defence evidence before moving the application.