LAWS(RAJ)-2020-2-29

OM TEXTILES ARTS Vs. GINNI SPECTRA PRIVATE LTD.

Decided On February 11, 2020
Om Textiles Arts Appellant
V/S
Ginni Spectra Private Ltd. Respondents

JUDGEMENT

(1.) Petitioner has preferred S.B. Criminal Misc. Petition No.7548/2019 aggrieved by order dated 13.11.2019 passed by learned Special Metropolitan Magistrate (N.I. Act Cases) No.4, Jaipur Metropolitan whereby, application filed by the petitioner under Section 311 Cr.P.C. for taking on record handwriting expert's opinion and presenting defence evidence on ground was rejected.

(2.) Petitioner has preferred S.B. Criminal Misc. Petition No.3295/2019 aggrieved by order dated 16.04.2019 passed by learned Special Metropolitan Magistrate (N.I. Act Cases) No.4, Jaipur Metropolitan whereby, application filed by the petitioner under Section 311 Cr.P.C. for calling the authorised Officer of State Bank of India with the record was dismissed.

(3.) It is contended by learned counsels for the petitioner that at the first instance when notice for dishonor of cheque was received, it was the stand of the petitioner that the cheques have been stolen and the cheques do not bear his signatures. It is contended that during pendency of the trial, an application was moved by the petitioner praying that the cheques be sent for obtaining the handwriting expert report but the said prayer was rejected by the Court on 19.09.2017 giving liberty to the petitioner to call Branch Manager with the record at the time of his defence.