MOHD. SAKIR Vs. STATE OF RAJASTHAN AND ORS.

JUDGEMENT

(1.) The defects pointed out by the office are hereby overruled. Office is directed to register this revision petition. In this revision petition filed under Sec. 397 Crimial P.C., the petitioner has prayed for quashing order dated 28.4.2011 passed by the learned Additional District Judge (Fast Track) No. 2, Jodhpur; whereby, the application filed by the petitioner under Sec. 391 Crimial P.C. dated 16.8.2010 was rejected and prayer of the petitioner for sending documents to, the hand writing expert was rejected.

(2.) Learned counsel for the petitioner submits that a complaint was filed by non-petitioner No. 2 under Sec. 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as the "Act of 1881"), in which it was alleged that the petitioner (accused) borrowed a sum of Rs. 2,00,000.00 on 12.4.2007 from him and petitioner issued a post dated cheque dated 12.4.2008. Further it is alleged in the complaint that petitioner executed a written receipt in this connection and the cheque of Rs. 2,00,000.00 was presented to the bankers of the petitioner, but the said cheque was returned by the bankers of the accused to the complainant with remarks "Drawer's signature (a) differs" and "Funds Insufficient".

(3.) After receiving the cheque from the banker of the petitioner, a notice was given by the complainant to the petitioner on 25.5.2008 through registered post, but no reply was received from the petitioner nor any amount was tendered within fifteen days, therefore, as per Sec. 138 of the Act of 1881, a complaint was filed, in which, allegation was levelled that petitioner had committed an office (sic offence) under Sec. 138 of the Act of 1881.