MAHENDRA SINGH Vs. KANTI LAL

JUDGEMENT

(1.) - The present misc. petition has been filed on behalf of the petitioner challenging the order dated 27.11.2010 passed by the learned Additional Chief Judicial Magistrate No. 1, Chittorgarh, whereby, the application of the petitioner under Sec. 45 of the Evidence Act for sending the cheque in dispute for examination of the signatures to the hand writing expert has been rejected.

(2.) Assailing the order impugned, learned counsel for the petitioner submits that the signatures on the cheques were not of the petitioner Mahendra Singh and therefore the same should have been sent for examination to the hand writing expert. Learned counsel further submits that the return memo as issued by the bank was not on the ground that the signatures of the petitioner has been found to be different on the cheques.

(3.) Learned counsel for the respondent submits that in order to confuse the issues before the Trial Court, the petitioner has deliberately signed the proceedings before the Court below in Hindi, whereas, the signatures on the cheques are in English. He further submits that no suggestion has been made to the complainant in his cross-examination that the petitioner does not sign the cheque in English. Thus, he submits that the argument, which has been raised in support of the application under Sec. 45 of the Evidence Act that the signatures are not that of the petitioner is misconceived.