CHATAR SINGH Vs. STATE OF RAJASTHAN AND ANOTHER

JUDGEMENT

(1.) - Shri Rakesh Sinha, learned counsel for the petitioner has submitted that the order dated 23.9.2008 passed by learned Additional Chief Judicial Magistrate, Nathdwara in Criminal Case No. 471 of 2005 whereby the application filed by petitioner to send the disputed cheque for examination by the handwriting expert was rejected.

(2.) Learned counsel for the petitioner has further submitted that the cheque in issue was given to Shri Sunder Lal Mandawas and that the petitioner has misused the cheque in connivance of Shri Sunder Lal Mandawa. In support of his arguments, Shri Rakesh Sinha has placed reliance on the judgment of the Hon'ble Apex Court in the case of T. Nagappa vs. Y.R. Muralidhar, (2008) 5 SCC 633 = 2008 (1) NH 621(SC) .

(3.) It will be mentioned here that the cross-examination of the complainant has been placed on record. As per the cross-examination the accused has himself suggested to the complainant that the dates and the name of the holder of the cheque were filled by the accused in presence of the complainant. The signatures of the complainant on the cheque have not been disputed. The certified copy of the application under Section 243 of the Criminal Procedure Code seeking the examination of the cheque by the handwriting expert has also been placed on record. A reading of the application disclosed that the only prayer in the said application is as regards the examination of handwriting of the name of the complainant and the date mentioned in the cheque there is no prayer as regards the age of the writings. The issue in T. Nagappa's case was based on the prayer that the age of the writing was sought to be ascertained which is not the objection of the petitioner before the learned Trial Court.