MANISH SINGH Vs. JEETENDRA MEENA

JUDGEMENT

(1.) The present petition has been filed under Section 482 Cr.P.C., 1973 praying that the order dated 9.5.2018 passed by the learned Special Metropolitan Magistrate (NI Act Cases) No.5, Jaipur Metropolitan, Jaipur whereby prayer of the petitioner to send the cheque in question to Forensic Science Laboratory (hereinafter called as 'FSL') for analysis, especially for determination of age of ink was dismissed, be set aside.

(2.) Briefly stated, the complainant/respondent had filed a complaint under section 138 of Negotiable Instruments Act, alleging that the complainant had given a loan of Rs. 2,60,000/- in September, 2012 to the petitioner. It was further alleged that in lieu thereof, petitioner had issued a cheque and the said cheque on presentation had bounced. The petitioner accused in statement recorded under Section 313 Cr.P.C., 1973 took a definite stand that he had taken loan of only Rs. 30,000/- from the complainant and he had paid the same in cash.

(3.) In the present case, it is contended that the complainant/respondent has alleged that the loan was given to the accused in September, 2012 and the cheque was also handed over to him on the said date.