BANWARI LAL SHARMA Vs. BABU LAL BAGDA

JUDGEMENT

(1.) The present petition has been filed under Section 482 Cr.P.C. to assail the order dated 18.8.2018 passed by the court of Metropolitan Magistrate, No.25, Jaipur Metropolitan City, Jaipur Headquater Chomu, whereby prayer of the petitioner to send the cheque in question for comparison of signatures of petitioner on the cheque with admitted signatures of the petitioner has been rejected, be set aside.

(2.) This case has a long drawn history. The petitioner had issued a cheque, which on presentation was returned by the Bank by informing the complainant that payment of the cheque has been stopped by the petitioner.

(3.) Mr. Anil Upman, learned counsel appearing for the petitioner has submitted that the petitioner on 17.1.2018 filed an application stating therein that handwriting on the cheque ExhibitP/3 and Statement of Account Exhibit-D/1 are not in the handwriting of the petitioner. The trial court accepted the prayer and had sent the cheque in question and the Statement of Account for comparison to the State Forensic Science Laboratory (for short 'FSL'). The FSL came to the conclusion that the handwriting on the cheque including signatures and handwriting on the Statement of Account Exhibit-D/1 including signatures on Exhibit-D/1 are in one hand and both have been executed by a common author.