SHIVDAYAL SHARMA Vs. SUDEEP KARNAWAT

JUDGEMENT

(1.) This criminal misc. petition has been filed to challenge the order of the learned Magistrate dated 11st Aug., 2015 on an application under Sections 45 and 73 of the Indian Evidence Act read with Sec. 243(2) Crimial P.C. The revision petition against the said order was also dismissed on 11th Jan., 2016.

(2.) Learned counsel for petitioner submits that on a complaint under Sec. 138 of the Negotiable Instruments Act, 1881 (in short "the Act of 1881 "), the statements of the witnesses were recorded. The petitioner took defence that the writing on the cheque as well on the agreement were not made by him. The agreement was not even executed by the petitioner rather signatures were taken on the blank papers.

(3.) The application was submitted to get FSL report of the cheque as well as of the agreement to find out as to whether it was written by the petitioner. The FSL report may shows that writing on the agreement and the cheque are not of the petitioner. In that case defence would be supported by the opinion. The application should have been allowed by learned Magistrate or the revisional court. In absence of FSL report, the petitioner would not be getting fair opportunity of defence. A reference of the judgment of the Apex Court in the case of Mrs. Kalyani Baskar Vs. Mrs. M.S. Sampoornam, reported in 2007 (1) DCR 168 has been given.