RAMESH KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE present petition has been preferred by the complainant. The complainant had instituted a complaint under Sec. 138 of the Negotiable Instruments Act against respondent Sukh Dev. During the progress of the trial accused gave an application that there is interpolation in the cheque and figure four in the words has been added and the amount of Rs. 40,000/ - written in the cheque has been inflated to Rs. 4,40,000/ -.

(2.) A prayer was made that cheque be sent for comparison and examination by the FSL. The trial Court rejected the prayer of the accused. Aggrieved against the same, accused filed a revision, the revisional Court accepted the prayer of the accused and ordered that cheque be sent for examination to the FSL. The order of revisional Court below has been challenged before this Court by the complainant.

(3.) COUNSEL for the State has submitted that by sending the cheque to the FSL, undue delay has been caused in culmination of the proceeding. It is submitted that the complaint was filed in the year 2007, six years going on to elapse yet the trial has not concluded.