RAJEEV KUMAR JHA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This petition has been filed for quashing of the order dated

(2.) The learned counsel for the petitioner submits that the petition was filed before the learned trial court on 15/1/2019 alleged that the petitioner denied the issuance of the said cheque and the writing over the said cheque and for that, that petition was filed to send the cheque in question to the Government authorized Forensic Laboratory for examination. He submits that by the order dtd. 26/4/2019 the learned trial court has rejected the petition which was challenged before the learned revisional court in Cr.Rev.No.20 of 2019 and the learned revisional court has also dismissed the revision and affirmed the order passed by the learned trial court. He submits that the learned trial court as well as the revisional court have not considered the spirit of the Negotiable Instruments Act and wrongly has rejected the petition. He further submits that at the time of defence under sec. 243 Cr.P.C the petitioner is having the right to defend himself which has been held by the Hon'ble Supreme Court in the case of KalyanI Bhaskar v. M.S. Sampoornam, (2007) 2 SCC 258.

(3.) On the other hand, the learned counsel for the O.P.no.2 submits that the petition was filed by the petitioner on the ground that the cheque was not filled up however the signature was not disputed and he submits that the learned trial court has also taken note of this in the impugned order dtd. 26/4/2019. He further submits that the learned revisional court has relied in the case of Basalingappa v. Mudibasappa, (2019) 5 SCC 418 13 and has rightly held that the cheque is filled to be relied upon unless by way of adducing the evidence to rebut the presumption that the cheque had been issued for payment of a debt or in discharge of a liability and dismissed the petition.