DAYANAND GUPTA Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) A petition dated 27.6.2014 filed in P.C.R. case no.526 of 2012 by the accused was dismissed by the impugned order dated 15.4.2015 resulting in this revision application. A complaint was filed by Bishwambhar Prasad alleging therein that the accused had taken some friendly loan from him. He further states that on receipt of the amount of friendly loan, the accused executed money receipt on non -judicial stamp and in turn, handed over cheques in lieu of such loan. The complainant further states that when the cheques were deposited in the Bank, same was dishonoured with endorsement "insufficient fund". The accused was noticed and demand was made to repay the amount but the accused failed to do so, resulting in the instant case lodged under Section 138 of the Negotiable Instrument Act.

(2.) During course of trial, the accused filed a petition stating therein that the money receipts which were issued do not belong to the petitioner and the same was not signed by the petitioner so the same should be sent for examination by an expert. He further mentioned that the cheques which were filed by the complainant marked as Exts. also should be sent to the hand writing expert to prove whether all the writings are by the same person, who executed the cheque or not. Taking these two grounds, he prayed to send the documents for examination by a hand writing expert.

(3.) The complainant filed his rejoinder stating therein that objection raised by the accused is absolutely frivolous and liable to be dismissed.