MANGAL SINGH Vs. KHURANA CHEMICALS

JUDGEMENT

(1.) THIS criminal revision under Sec. 397/401 of the code of Criminal Procedure, 1973 (for short, "the Code" hereinafter) is directed against the order dated 6. 10. 2005 passed by the Additional Chief judicial Magistrate No. 2, Sri Ganganagar (for short, "the Trial Court" hereinafter) in Criminal Complaint Case No. 49 of 2003, whereby the application filed by accused-petitioner seeking opinion of the handwriting expert on the cheque in question came to be dismissed by the Trial Court. Aggrieved by the order impugned, the petitioner has filed the instant criminal revision.

(2.) IT is contended by the learned counsel for the petitioner that though the signature on the cheque in issue has not been disputed by the petitioner but the petitioner only disputed the handwriting on the cheque whereby the amount and the name have been filed up.

(3.) LEARNED counsel for the complainant submits that in the instant case, after service of notice of dishonour of the cheque, a complaint was filed on 15. 6. 2002. Thereafter the Trial Court took cognizance of the offence under Sec. 138 of the Negotiable Instruments Act, 1881 (for short, "the act" hereinafter) and framed the charge. When the matter came at the stage of recording statement of the accused-petitioner under Sec. 313 of the code, after making statement under Sec. 313 of the Code, the accused-petitioner filed the application. Learned counsel for the complainant further submits that earlier also, on various occasions, similar applications were made, including the application under Sec. 45 of the Evidence Act for supply of copy of the bill and though that application was allowed but it was the accused-petitioner who was in possession of the original bill which he did not produce before the Trial Court for examination by the handwriting expert despite several opportunities were granted to the petitioner. Learned counsel for the complainant has filed a synopsis showing the delaying tactics adopted by the accused-petitioner.