RAEES KHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard the parties.

(2.) The petitioner is an accused facing trial for offence under Sec. 138 of The Negotiable Instruments Act. The cheque said to be issued by the petitioner could not be honored for the reason that signature did not tally.

(3.) Petitioner raised objection before the learned trial Judge that the cheque is not signed by the petitioner, therefore, it should be sent to forensic experts for verification of signature. The learned Court below accepted the plea of the petitioner and asked the petitioner to get the signature verified forensically by any private expert because the State Forensic Science Laboratory was already overburdened with the forensic examination relating to rape and murder cases. The learned Court below relied upon a judgment of this Court in Neetu Pareek Vs. Ravishankar and Ors., wherein, this Court observed that it is common knowledge that the State Forensic Laboratory is heavily overburdened with reports to be submitted in rape and murder cases at the earliest due to lack of infrastructure.