MANGAT RAM KOHLI Vs. ARUN ARYA

JUDGEMENT

(1.) JUDICIAL Magistrate, Ist Class (Sub -Judge) Special Railway Magistrate, Jammu's order dated 12.05.2009 allowing respondent -accused's Application seeking Handwriting Expert's opinion on the Cheque, stated by the petitioner -complainant to have been issued to him by the respondent, to support his defence that he had not signed and issued the Cheque to the complainant, has been questioned by the petitioner invoking inherent jurisdiction of this Court.

(2.) COMPLAINANT 's learned counsel submits that sending of the Cheque in question to the Expert for his opinion regarding respondent's signature thereon would be a time consuming process which was likely to delay the already delayed trial of the petitioner's Complaint, which was instituted in the year 2006 and the order questioned in the Petition, therefore, needs to be quashed to ensure speedy trial of the petitioner's Complaint. Considered the submissions of learned counsel for the parties.

(3.) THE accused -respondent was in the process of leading his defence when he sought learned Magistrate's permission to send the Cheque in question to the Handwriting Expert for his opinion to substantiate his specific defence taken in the case that he had not issued any Cheque to the complainant. The accused has the absolute discretion to choose the nature of evidence he may like so to produce, by way of his defence, to the Charge, which he is called upon to face. The option exercised by him to seek Expert opinion on a question which would be relevant to deal with the issue that the Court will have to dwell on, during the trial, as to whether or not the Cheque in question was issued by the respondent, to support his defence, cannot be said to be an attempt intended to cause failure of justice and delay in trial.