ARJUN KHATRI Vs. SWETA INDUSTRIES

JUDGEMENT

(1.) The instant misc. petition has been filed on behalf of the petitioner challenging the order dated 14.1.2011 passed by the learned Special Judicial Magistrate (N.I. Act) Cases, Bikaner in complaint case No.2033/09 dismissing the application filed on behalf of the petitioner for sending the disputed cheque to the FSL for examination.

(2.) Learned counsel submits that the petitioner has taken a specific plea in the court below that the cheque which was issued was only for a sum of Rs. 3,000.00, whereas, the complainant by misusing the empty spaces in the cheque added the words "one lakh" before the amount of rupees three thousand and the numerals "10" before the amount of Rs. 3000.00 and thereby made interpolation in the cheque in question. The cheque (Ex.P 1-A) has been filed on the record for the perusal of the court.

(3.) Learned counsel submits that from the apparent viewing of the cheque itself, it is evident that forged interpolations have been made in the cheque and, therefore, the trial court was not at all justified in rejecting the prayer made on behalf of the petitioner for sending the cheque to FSL for examination by the Hand Writing Expert.