KAUR SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant revision petition has been filed by the accused petitioner Kaur Singh s/o Meet Singh b/c Jat Sikh, r/o Chak-7 LGW Dhani, Tehsil Pilibanga, District Hanumangarh against the impugned order dated 16.11.2010 passed by the learned District & Sessions Judge , Hanumangarh in Criminal Appeal No.71/2009, while dealing with the appeal filed by the accused petitioner, who has been convicted under section 138 of Negotiable Instruments Act. By the said order, the application filed by the petitioner under section 391 Cr.P.C. was rejected.

(2.) The brief facts of the case are that the complainant respondent preferred a criminal complaint for the offence under section 138 of Negotiable Instruments Act against the petitioner with regard to a dishonoured cheque to the tune of Rs. 7,43,000/- . The learned lower court convicted the petitioner and sentenced him for the offence under section 138 of Negotiable Instruments Act.

(3.) The petitioner preferred appeal before the learned District & Sessions Judge, Hanumangarh and during the pendency of the appeal , the petitioner preferred an application under section 391 Cr.P.C. for examination of the signature on the cheque in question, before the learned appellate court but the learned appellate court dismissed the said application vide order dated 16.11.2010.