JANARDAN Vs. STATE OF RAJASTHAN & ANR.

JUDGEMENT

(1.) This criminal misc. petition under Sec. 482 Crimial P.C. has been filed by the petitioner against the order dated 29.03.2014 passed by the Additional Chief Judicial Magistrate, Kapasan, District Chittorgarh (hereinafter referred to as 'the court below') in Case No.187/2009, pending proceedings against the petitioner for the offence under Sec. 138 of Negotiable Instruments Act. The court below vide impugned order has rejected the application filed by the petitioner under Sec. 45 of Indian Evidence Act, wherein the petitioner has prayed that the cheque in question be sent to the handwriting expert for obtaining his expert opinion.

(2.) The court below after taking into consideration the arguments advanced on behalf of the petitioner has observed that the proceedings under Sec. 138 of Negotiable Instrument Act are fixed for final hearing after recording the statement of the accusedpetitioner. It is also observed by the court below that in his statement, the accusedpetitioner has not stated that there is difference between his signatures and writing on the cheque. The court below has also observed that the counsel for the petitioner has been granted several opportunities to finally argue the matter and, thereafter, he has filed this application at later stage. While observing this, the court below has rejected the application filed by the petitioner.

(3.) After going through the impugned order passed by the court below, this Court is of the opinion that no interference is called for.