DEV PRAKASH PALIWAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BRIEFLY stated that facts are that the respondent No. 2 filed a complaint against the petitioner under Section 138 of the Negotiable Instruments Act before Judicial Magistrate No. 16, Jaipur City, Jaipur with the allegation that the petitioner issued in his favour a cheque bearing No. 8580819 dated 10. 2. 2003 for Rs. 7,00,000/- but the same was dishonoured. The trial Court proceed to record evidence of the complainant. The defence of the petitioner is that he lost three signed cheques including the cheque in question in the year 2001 and he informed his banker (Canara Bank) in writing about it with a request to stop clearance of the lost cheques. The petitioner examined Badri Prasad DW. 1 and produced letter Ex. D. 1. In the aforesaid circumstances, the petitioner moved an application under Section 243 Cr. P. C. read with Section 73 of the Evidence Act and requested the trial Court to get the writing on the cheque examined by a hand-writing expert. The trial Court vide order dated 28. 9. 2004 declined the request of the petitioner and rejected his application. The revision petition preferred by the petitioner was also dismissed by the revisional Court vide order dated 16. 10. 2004. Hence the present petition.

(2.) HEARD learned counsel for the petitioner and learned counsel for the respondent No. 2.