GURNAM SINGH & ANR Vs. SUDERSHAN KUMAR GUPTA

JUDGEMENT

(1.) In the instant petition filed under Section 561-A Cr. P.C., petitioners seek quashment of the order dated 10.5.2014 passed by the Court of learned Sessions Judge, Kathua, by virtue of which the revision petition filed by the petitioners against the order dated 12.2.2014 passed by learned Judicial Magistrate Ist Class, Kathua, in a petition for calling expert report with regard to the amount figured and name written as Sudershan Kumar Gupta in cheque no. 7677310 dated 17.1.2007, has been dismissed.

(2.) In this petition, it has been stated that order impugned is against the law and facts of the case, thereby causing miscarriage of justice. Courts have failed to exercise the jurisdiction, as such; the same deserves to be quashed. That cheque, if entrusted to somebody in blank as security and any inscription thereon by a person entrusted with cheque does amount to misappropriation of property, so order of courts below are illegal. That M/s Chowdhary Enterprises was sealed by Punjab National Bank on 10.11.2005 and cheque in question pertains to Cheque-Book issued in 2001, as such, it becomes more important as to who inscribed the cheque.

(3.) I have considered the submission. Petitioners have reiterated all grounds taken in this petition and has relied upon case titled Hanuman Sahay Sharma Vs. Manish Dhamani, (2013) 2 Crimes(HC) 649 (Raj) wherein it is held that where a contention is raised that complainant has misused the cheque then prayer of accused for sending the cheque to handwriting expert for its examination deserves to be considered.