SHOBHA DEVI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This Criminal Misc. Petition has been preferred by the petitioner against the order dated 26.09.2013 passed by the Special Judicial Magistrate (N.I. Act Cases) No. 1, Bikaner (for short "the trial court" hereinafter) in case No. 734/2009.

(2.) Brief facts of the case are that complainant Kana Ram filed a complaint under Section 138 of Negotiable Instruments Act before the trial court. The statements of the complainant as well as his witnesses were recorded and the statement of the petitioner under Section 313, Cr. P. C. were also recorded on 04.04.2013, thereafter though the petitioner was provided four opportunities to produce evidence in defence, no evidence was produced by her and the matter was fixed for final hearing on 26.07.2013, 23.08.2013 and 05.09.2013. The counsel for the petitioner was granted last opportunity to finally argue the matter, however, on 24.09.2013, the petitioner had moved an application before the trial court with a prayer that the cheque in question may be sent to Forensic Science Laboratory for examination while claiming that though the signatures on the cheque in question are her but the other writings on the cheque are not scribed by her.

(3.) The trial court, after considering the arguments of the rival parties, has dismissed the application preferred by the petitioner, while observing that since the petitioner has admitted her signature on the cheque in question and has also not filed any reply to the notice sent to her by the complainant, it is not necessary to send the cheque to the Forensic Science Laboratory for examining the hand writing. The trial court has also observed that the application has filed by the petitioner with delay also.