BANWARLAL KUMAWAT Vs. STATE OF RAJ. & ANR.

JUDGEMENT

(1.) This Misc. Petition under Sec. 482 Crimial P.C. has been filed against the order dated 7.1.2009 whereby the application under Sec. 73 of the Evidence Act has been rejected.

(2.) The short facts of the case narrated in the petition are that complainant respondent No.2 lodged a complaint under Sec. 138 of the Negotiable Instructions Act against the present petitioner and the contention of the present petitioner was that cheque has been misused and complainant has taken the cheque from Rajesh Yadav and moved an application under Sec. 73 of the Evidence Act which was rejected. Petitioner filed the revision which was also rejected, hence this petition.

(3.) The contention of the present petitioner is that he has a right to defend and if cheque and the deposit slips were not sent to the expert opinion, his right to defence would be affected prejudicially. The contention of the present petitioner is that complainant has stated that cheque (Ex. P/2) and deposit slip (Ex.P/1) have been written by different persons whereas bare perusal of both could show that both have been written by the same person hence a comparison is essential and reliance has been placed on T. Nagappa Vs. Y.R. Muralidhar, AIR 2008 SC 2010 wherein it has been held: