MUKESH KUMAR GANDHI Vs. SEEMA DEVI AND ANOTHER

JUDGEMENT

(1.) This Criminal Misc. Petition under Sec. 482 Crimial P.C. has been filed by the petitioner against the order dated 14.02.2014 passed by the Special Judge SC & ST (P.A.) Cases, Merta (hereinafter referred to as the 'revisional court'), whereby the revision petition filed by the petitioner has been dismissed. The petitioner has also challenged the order dated 08.01.2013 passed by the Additional Chief Judicial Magistrate, Merta City (hereinafter referred to as the 'trial court'), whereby the application of the petitioner for sending the cheque in question for examination to the handwriting expert has been rejected.

(2.) Brief facts of the case are that the petitioner is facing trial for the offence punishable under Sec. 138 of Negotiable Instrument Act, 1881, before the trial court. During the pendency of the said proceedings the petitioner has moved an application with a prayer for sending the cheque in question for examination at Forensic Science Laboratory while contending that the signature on the cheque in question are not of him.

(3.) The trial court has rejected the said application of the petitioner while observing that the cheque in question has not been dishonored by the bank on the ground of dissimilarity in the signature of the petitioner. The trial court has also observed that the petitioner has not raised any objection regarding his signature on the cheque in question though he has received the notice sent on behalf of the complainant. The trial court is of the opinion that when the cheque in question has not been dishonored on the ground of dissimilarity in the signature there is no point in sending the same for examination to the handwriting expert.