PAWAN KUMAR BENIWAL Vs. SATYA PRAKASH MEHANT

JUDGEMENT

(1.) By this petition under section 482 Crimial P.C., the petitioner has challenged the order dated 25.01.2010 passed by the learned Additional Sessions Judge, Sawai Madhopur in Criminal Revision No. 51/2009 whereby the revision petition filed by the petitioner has been dismissed and the order dated 19.08.2009 passed by the learned Additional Judicial Magistrate, First Class, Sawai Madhopur has been upheld.

(2.) Briefly stated, the facts for the disposal of the present petition are that the petitioner is facing trial in the court of Judicial Magistrate, First Class, Sawai Madhopur for the offence under section 138 of the Negotiable Instruments Act, 1881 (here-in-after to be referred as, 'the Act'). On 13.07.2009, an application was moved by the petitioner for examination of specimen of his signature on the cheque (Ex.-1) for expert opinion. A reply to the application was filed. The learned trial court after hearing both sides vide order dated 19.08.2009 dismissed the application. The petitioner, having felt aggrieved by this order, preferred a revision petition which was dismissed by the learned revisional court vide its order dated 25.01.2010. Hence, the present misc. petition has been filed.

(3.) It has been contended by the learned counsel that the learned courts below have not properly appreciated the matter as to whether the petitioner has ever issued the cheque and also that contains his signature. It is also contended that the courts below have committed illegality in comparing the signature from other material available on the file.