JITENDRA BANSAL Vs. GAURI SHANKAR

JUDGEMENT

(1.) PETITIONER is facing trial for offence under Sec. 138 N.I. Act whose application for examination of cheque (regarding his signatures/handwriting) by expert is rejected by learned Magistrate and petitioner seeks examination by an expert.

(2.) RESPONDENT has raised a preliminary objection to the effect that such petition under Sec. 482 CrPC so as to defeat the provisions of Sec. 397(2) CrPC is not maintainable. In support of contention, learned counsel relied oh decision in case of Mastan Singh Pannu vs. Harjinder Singh, 2007 (1) NIJ 286 (Raj.).

(3.) ON behalf of respondent, it is contended that learned Magistrate has rejected the application on two grounds : (i) the application for delaying; (ii) burden of proof regarding non-issuance of cheque, etc., is on applicant. Further stated in the order is that cheque was submitted three times to the Bank and each time dishonoured and in no memo Bank stated to the effect that signatures do not tally.