JAG BAHADUR SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioner, Jag Bahadur Singh, is aggrieved by the order dt. 12.01.2012 passed by the Additional Chief Judicial Magistrate, Lalsot, Dausa whereby he had rejected the petitioner's application under Sec. 45 of the Indian Evidence Act for sending the cheque in dispute to a handwriting expert. The petitioner is also aggrieved by the order dt. 20.06.2012 passed by the Additional Sessions Judge (Fast Track) Bandikui, whereby the learned Judge has upheld the order dt. 12.01.2012, and has dismissed the revision petition filed by the petitioner. The brief facts of the case are that the complainant respondent No. 2, filed a complaint under Sec. 138 of Negotiable Instrument Act for dishonor of cheque for an amount of Rs. 1,66,400/ -. After completion of complaint's evidence, the case was posted for defence evidence. At this stage, the accused -petitioner filed an application for sending the disputed cheque to a handwriting expert with the averments that the writing in the cheque is not his; the complainant has misused the cheque. The said application was dismissed by the trial Court by order dt. 12.01.2012. The petitioner filed a revision petition. However, by order dt. 20.06.2012, the said petition was dismissed. Hence, the present petition before this Court.

(2.) MR . Ram Rakh Sharma, the learned counsel for the petitioner, has raised the following contentions before this Court: -

(3.) SECONDLY , that in his cross -examination Mohan Singh Chauhan, the complainant, claimed that the cheque was filled up completely by the petitioner. In order to disprove this statement, it was essential to send the cheque for being examined by the handwriting expert.