RAJ KUMAR GUPTA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS criminal misc. petition has been filed by the petitioner against the order dated 28.8.2009 by the Judicial Magistrate No. 1 Hindaun City Dist. Karauli (Rajasthan) in complaint case No. 88/2007 under Section 138 of the Negotiable Instruments Act whereby the application for sending the cheque for examination of signature on cheque by hand writing expert was rejected.

(2.) BRIEF facts of the case are that the respondent No. 2 complainant filed a complaint under Section 138 of the Negotiable Instruments Act against the accused petitioner wherein summons were issued to him for appearance and in compliance of the summons the accused appeared before the Court. Thereafter the complainant respondent No. 2 has appeared in witness box as prosecution witness. After completion of the prosecution evidence the matter was posted for the petitioner's (accused evidence) under Section 215 Cr.P.C. The accused petitioner appeared in witness box as DW.1 and denied the signature on the disputed cheque. Thereafter the petitioner moved an application on 12.8.2009 stating therein that the signature on the disputed cheque is not of the accused petitioner but forged one and the same may be sent for examination by the hand writing expert. Upon that application the Judicial Magistrate has passed the order dated 28.8.2009 giving the following observations: <IMG>JUDGEMENT_1898_RAJLW3_2011Image1.jpg</IMG>