OM DUTT VYAS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard counsel for the parties.

(2.) The petitioner is facing trial for offence under Sec. 138 of the Negotiable Instruments Act. In the course of trial, the petitioner moved an application under Sections 45, 47 and 67 of the Evidence for getting the report of Hand Writing Expert regarding the signatures of the petitioner on the cheque in question. The learned trial court vide its order dated 12.7.2004 dismissed the petitioner's application on the ground that after the evidence of both the parties is recorded and on the basis of evidence of the parties if the court feels it necessary then appropriate action would be taken on the application of the petitioner. The petitioner then challenged the order of the trial court in revision petition. The learned revisional court vide its order dated 27.10.2004 affirmed the order of the trial court and dismissed the revision petition. Hence the present petition.

(3.) According to the petitioner there was cutting on date mentioned on the cheque in question and against cutting there was signature. The cutting and signature both were not made by the petitioner. He stated that both were fabricated. The petitioner further stated that the cheque in question was old one and its validity had expired long back. The suggestion to this effect was also put in the course of cross examination of the complainant in these circumstances, since the controversy centres round the cutting and signature, the opinion of the Hand Writing Expert was essential for the just decision of the case, in my firm view, the courts below should have considered the application of the petitioner at this stage, Inasmuch as the petitioner has denied the cutting and signature having been made by him. If the opinion of the expert comes in favour of the petitioner, he would certainly examine the expert in defence. In this view of the matter, if the impugned orders are allowed to stand, they would result in injustice to the petitioner and, therefore, I consider it to be a fit case for exercising inherent power.