JITENDER KUMAR Vs. KISHAN DEVI KAPILA

JUDGEMENT

(1.) THIS petition is directed against the orders of learned Chief Judicial Magistrate, Una, dated 11. 6. 2003.

(2.) IN order to appreciate the controversy, few facts may be noticed :

(3.) IT appears, petitioner is facing a trial under Section 138 of the negotiable Instruments Act, as a cheque, according to the complainant, drawn by him was dishonoured: The petitioner moved an application before the learned trial Magistrate, saying that he had not drawn the cheque in question and the signatures on the cheque may be got compared, by the Government Handwriting Expert, with his specimen signatures with the bank. This prayer was rejected by the learned trial magistrate on 2. 6. 2003. Dissatisfied, the petitioner moved another application, which again was dismissed on 8. 7. 2003 by the learned trial magistrate. In this application, it was stated by the petitioner that his earlier specimen signatures were not available in the court, which were with the Bank, on the date when this application was dismissed. But specimen signatures with the Bank were brought by the officer of the bank and same alongwith the cheque may sent to any private expert for comparison. This prayer was too rejected.