PRADEEP KUMAR Vs. STATE OF RAJASTHAN AND ANOTHER

JUDGEMENT

(1.) This criminal misc. petition has been filed by the petitioner against the order dated 16.6.2014 passed by learned Additional Sessions Judge No.5, Jodhpur Metropolitan (hereinafter referred to as 'the revisional court') in Criminal Revision No.6/2014 preferred on behalf of the petitioner while challenging the order dated 27.1.2014 passed by the Additional Chief Metropolitan Magistrate No.3, Jodhpur (hereinafter referred to as 'the trial court') whereby the application filed by the petitioner for sending the cheque in question to the handwriting expert has been rejected.

(2.) Brief facts of the case are that in a proceeding pending against the petitioner under Section 138 of the Negotiable Instrument Act before the trial court, the petitioner moved an application with the prayer for sending a cheque in question to the handwriting expert while alleging that the signature on the said cheque are not of him. The said application filed by the petitioner has been rejected by the trial court while observing that the cheque was not dishonoured by the bank on the ground of dissimilarity of signature, but was dishonoured due to insufficiency of funds in the bank account of the petitioner.

(3.) Learned trial court has also observed that the petitioner has not replied to the notice sent by the complainant and has also not disputed the fact that he has no account in the bank. Learned trial court further observed that if the signature on the said cheque is not of the petitioner, then the petitioner can very well prove the said fact during the course of submitting his defence. After observing this, the trial court has rejected the application of the petitioner. The revisional court after considering the arguments raised by the petitioner has also dismissed the revision petition filed by the petitioner and affirmed the order passed by the trial court.