UMA PAREEK Vs. MOTIRAM

JUDGEMENT

(1.) The present misc. petition under Sec. 482 of the Criminal Procedure Code (hereinafter referred to as the 'Code') is directed against the order dtd. 23/12/2021, passed by the Judicial Magistrate, Kuchaman City, District Nagaur (hereinafter referred to as "the trial Court"), whereby petitioner's application dtd. 12/11/2021 under Sec. 311 of the Criminal Procedure Code has been rejected.

(2.) The facts relevant for the present purposes are that on 8/6/2018, the respondent-complainant filed a complaint under Sec. 138 of Negotiable Instruments Act, 1881 against the present petitioner before the Court of the Judicial Magistrate, Kuchaman City, District Nagaur alleging, inter-alia, that the accused handed over a cheque for the sum of Rs.5,00,000.00, which got dishonoured with the remark "account closed". The petitioner took a plea that the signature on the cheque in question was not hers.

(3.) In order to establish the same, the present petitioner moved an application dtd. 1/3/2021 under Sec. 45 of the Indian Evidence Act, 1872, which application was rejected by the learned trial Court vide its order dtd. 1/3/2021, while observing that the same was filed belatedly.