JAGDISH SONI Vs. STATE OF RAJ

JUDGEMENT

(1.) THIS Criminal Misc. Petition under Section 482, Cr.P.C. has been filed against the order 19.11.2008 whereby the revisional court has upheld that order of the trial court dated 8.7.2007 whereby the application filed by the petitioner for sending the disputed cheque for hand-writing expert's opinion to the Central Forensic Science Laboratory has been rejected.

(2.) THE short facts of the case are that respondent no.2 Heera Lal Jain filed a complaint against the petitioner under Section 138 of the Negotiable instruments Act and regarding cheque of Rs.4,60,000/-, the contention of the present petitioner is that the complainant has interpolated in the cheque. Originally the cheque was of Rs.60,000/- and by adding figure "4" before figures "60,000", the cheque has been made of Rs. 4,60,000/-. When the petitioner came to know about this forgery of the complainant, he filed a complaint against the respondent and also filed an application before the trial court to get examined the disputed cheque by the Central Forensic Science Laboratory which was rejected by the trial court and the revision has also been rejected. Hence this misc. petition.

(3.) IT is true that opportunity of rebutting the prosecution case is a valuable right of the accused but when already expert's report is on record, there is no need for sending the disputed cheque to laboratory. It has not been disputed that the Forensic Science Laboratory has opined that "4" figure in the cheque appears to be similar to that of other writing on the cheque. The petitioner could not help him as in the particular case, the signature on the cheque has been denied by the applicant but here the signature on the cheque has been admitted by the present petitioner and report is already on record.