GOPAL JOSHI Vs. STATE OF RAJASTHAN AND ANR.

JUDGEMENT

(1.) The instant misc. petition is directed against the order dated 14th Nov., 2013 passed by the revisional court, upholding the order dated 31st Aug., 2013 passed by the trial Court, declining the application filed under Sec. filed under Sec. 45 read with Sec. 73 of Evidence Act, 1872 with a prayer for seeking opinion of hand writing expert with reference to cheque in dispute, being subject matter of proceedings under Sec. 138 of Negotiable Instruments Act, 1881 (for short herein after as the 'Act of 1881').

(2.) Briefly, the facts are that the respondent-complainant initiated proceedings under Sec. 138 of the Act of 1881. It is further stated by the learned counsel for the petitioner that during the course of cross examination the complainant himself deposed that the cheque in dispute was completely filled, when it was handed over to the complainant. Moreover, the accused affixed his signatures in his presence. It is in backdrop of this statement of the complainant, the petitioner filed an application under Sec. 45 read with Sec. 73 of the Indian Evidence Act, 1872, with a prayer to seek opinion of the hand writing expert with regard to hand writing and age of ink, on the disputed cheque which has been dishonoured.

(3.) Learned counsel for the petitioner has vehemently argued that the transaction is of civil nature and an FIR No.410/2010 was also lodged against the petitioner on which a negative final report was submitted by the Governmental Enforcement Agency. It is further contended that since the transaction dates back to the year 2002 and therefore, the truth could surface only after determination of the age of ink and the opinion of the hand writing expert with reference to the signatures as well.