SITA RAM Vs. CHAMAN LAL

JUDGEMENT

(1.) The petitioner has filed the present petition against the order dtd. 28/2/2022 passed by learned Additional Chief Judicial Magistrate, Theog in Criminal Case No. 326 of 2015 titled Chaman Lal versus Sita Ram, vide which, the application filed by the petitioner (accused before the learned Trial Court) under Sec. 45 of Indian Evidence Act for sending the cheque to Chemical Examiner/Forensic Expert was dismissed. (Parties shall hereinafter be referred to in the same manner as they were arrayed before the learned Trial Court for convenience.)

(2.) Briefly stated, the facts giving rise to the present petition are that the respondent/complainant filed a complaint before the learned Trial Court against the petitioner/accused for the commission of an offence punishable under Sec. 138 of the Negotiable Instruments Act (in short 'NI Act'). It was asserted that parties were known to each other. The complainant is the sole proprietor of Chaman Trading Company. The accused purchased the construction material from the complainant, and he issued a cheque of ?4,90,000/- to discharge his liability. The complainant presented the cheque, which was dishonoured. The accused failed to pay the amount despite the receipt of the notice; hence, the complaint was filed before the learned Trial Court against the accused for taking action as per the law.

(3.) Learned Trial Court put the notice of accusation to the accused. The statement of the complainant was recorded on 27/10/2017.