KISHORE KUMAR TANK Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present petition has been filed under Sec. 482 Crimial P.C. praying that the order dated 10.3.2016 passed by the Additional Chief Metropolitan Magistrate No.22, Jaipur Metropolitan Camp Chomu, whereby he had refused to send the Cheque in question (Exhibit-P/1) to Forensic Science Laboratory, be set aside, along with the order dated 21.6.2016 passed by the court of Additional District & Session Judge No.20, Jaipur Metropolitan, H.Q. Chomu, whereby the revision petition of the petitioner was dismissed and the order passed by the Additional Chief Metropolitan Magistrate No.22, Jaipur Metropolitan was affirmed.

(2.) Briefly stated, the respondent no.2 had filed a complaint under Sec. 138 of Negotiable Instrument Act against the petitioner. In the said complaint, the court of Additional Chief Metropolitan Magistrate No.22, Jaipur Metropolitan Camp Chomu took cognizance of offence under Sec. 138 N.I. Act against the petitioner and the trial proceeded. During the pendency of the trial, the petitioner filed an application praying that the Cheque in question (Exhibit-P/1) for analysis of handwriting be sent to Forensic Science Laboratory. The prayer made by the petitioner was declined by the trial court vide order dated 10.3.2016. The trial court in its order held that the accused nowhere in his defence earlier had taken a stand that writing on the cheque is not in the hand of the petitioner or writing on the cheque and the signatures on the cheque were in different ink.

(3.) Aggrieved against the said order, as stated earlier, the petitioner had filed revision. The revisional court also dismissed the revision by holding that the petitioner can lead his evidence in defence.