MAHESH TIWARI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By way of filing the instant criminal misc. petition, a challenge has been made to the impugned order dtd. 2/3/2015, passed by Judicial Magistrate (First Class), Gangapur City, Sawai Madhopur in Criminal Case No.335/2012, by which the application submitted by the accused-petitioner under Sec. 45 of the Indian Evidence Act, 1872 (for short "the Act of 1872 ") for analysis of his signatures on the cheque in question by a handwriting expert from the Forensic Science Laboratory (for short "the FSL ") has been rejected.

(2.) Learned counsel for the petitioner submits that the accused petitioner has not issued any cheque to the complainant respondent and therefore he could not have signed the same. Learned counsel submits that this has been his precise case right from the beginning when he received a notice from the complainant-respondent after dishonour of the cheque in question and he has taken the same defence at every stage of the trial. Learned counsel submits that when the case reached the stage of recording the evidence of the accused-petitioner, he submitted the above-mentioned application under Sec. 45 of the Act of 1872, with the prayer to allow FSL examination of the signatures on the cheque in question by a handwriting expert. The aforementioned prayer of the accused-petitioner has been declined by the court below, hence, he has approached this Court by way of filing the instant criminal misc. petition.

(3.) In support of his contentions, learned counsel for the petitioner has placed reliance upon the judgment passed by the Hon 'ble Apex Court in the case of Kalyani Baskar (Mrs.) Vs. M.S. Sampoornam (Mrs.) reported in (2007) 2 SCC 258.