ASHA Vs. BRIJMOHAN CHABRA AND ANOTHER

JUDGEMENT

(1.) All these criminal misc. petitions under section 482 Cr.PC have been filed by the petitioner against the orders dated 13.03.2014 passed by Metropolitan Judge (N.I.Act Cases) No.9, Jodhpur Metropolitan (for short 'the trial court' hereinafter) in different criminal cases lodged at the instance of the respondent No.1 against the petitioner under section 138 of the Negotiable Instrument Act (for short 'the N.I. Act hereinafter).

(2.) During the pendency of the trial, the petitioner moved applications under sections 293 and 45 Crimial P.C. read with section 73 of the Indian Evidence Act with a prayer that the cheques in question be sent for examination of signatures to the Handwriting Expert. The said applications of the petitioner have been rejected by the trial court by impugned orders.

(3.) The learned counsel for the petitioner has argued that since the petitioner has not handed over any cheque to the respondent No.1 and the signatures on the said cheques are not of the petitioner, the learned trial court has grossly erred in rejecting the applications filed by the petitioner for sending the cheques in dispute to the Handwriting Expert. The learned counsel for the petitioner has further argued that the learned trial court has illegally rejected the applications of the petitioner without considering the said aspects of the matter and prayed for quashing of the impugned orders and also prayed that the learned trial court may be directed to send the cheques in dispute for examination of her signatures to the Handwriting Expert.