IQBAL PINJARA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner has preferred this criminal misc. petition under Section 482 Cr.P.C., 1973 against the impugned order dated 28.04.2017 passed by learned Additional Session Judge No.6, Jodhpur Metropolitan passed in the Criminal Revision No.198/2017 whereby the learned revisional court has affirmed the impugned order dated 16.01.2017 passed by learned Metropolitan Magistrate No.9, Jodhpur Metropolitan passed by her in criminal misc. case No.3267/2013 on the application of the petitioner under Section 243 Cr.P.C., 1973 read with section 45, 73 of the Indian Evidence Act which was dismissed by the learned trial court.

(2.) The brief facts as noticed by this Court are that a complaint was filed under section 138 of Negotiable Instruments Act (hereinafter referred to as NI Act) against the present petitioner regarding cheque No.674480 dated 28.03.2013 for Rs. 2,50,000/-. On dishonouring of the cheque, the complaint under section 138 of NI Act was filed. During cross examination, the petitioner showed the receipt in handwriting of the respondent No.2 and claimed that the liability was not outstanding to the tune as claimed. The handwriting of the receipt was denied by the respondent No.2.

(3.) Learned counsel for the petitioner has claimed that such handwriting was truthful defence and thus, his application under Section 243 Cr.P.C., 1973 read with section 45 and 73 of the Indian Evidence Act for obtaining samples of the handwriting. The application of the petitioner was dismissed on 16.01.2017 and the revisional court also dismissed the application on 28.04.2017.