MOHAN SINGH PARIHAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE present misc. petition has been filed by the accused. He is aggrieved against the order passed by Sessions Judge Jodhpur Metropolitan whereby he accepted the revision and had set aside the order passed by the trial Court. The trial Court had accepted the prayer of the accused petitioner to send the handwriting of the complainant for comparison to FSL with the admitted signatures of the complainant. Briefly stated respondent -complainant had preferred a complaint under Sec. 138 of the Negotiable Instruments Act in which, he stated that petitioner had issued a cheque of Rs. 3 lack on account of amount advanced to the accused he stated when the cheque was presented, it had bounced due to insufficiency of the funds. On the complaint filed by the respondent no. 2, notice of accusation was served upon the petitioner -accused. Thereafter complainant stepped into witness box as P.W. 1. At that stage a prayer was made by the accused petitioner that the cheque along with receipts issued by the complainant be sent for comparison under Sec. 45 and 73 of the Indian Evidence Act to FSL. The prayer made by the accused was allowed by the trial Court.

(2.) AGGRIEVED against the same, complainant filed the revision petition. The revision was accepted by the revisional Court below on the ground that appropriate stage for the accused petitioner is to prove handwriting of the complainant at the time of defence evidence.

(3.) THE report of the handwriting expert even if he is a Director, Dy. Director or Assistant Director of FSL is not per se admissible under Sec. 293 of the Code of Criminal Procedure. Therefore, the handwriting expert necessarily has to be examined by the accused in defence. To facilitate the same, opinion of the handwriting expert in form of the report must be available with the accused to commence his defence evidence. Therefore, the order of Sessions Judge, Jodhpur Metropolitan whereby he had disturbed the well reasoned order passed by the trial Court cannot be sustained in the eyes of law.