RAMSWAROOP SINHA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS writ application is directed against the order dated 22-8-2008 passed by learned Sessions Judge, jamshedpur in Cr. Rev. No. 185 of 2008 whereby learned Sessions Judge confirmed the order dated 5-6-2008 passed by learned judicial Magistrate, 1st Class, Jamshedpur in case No. C1-548 of 2006 wherein prayer made by the petitioner for sending cheque and the mortgage deed before an expert for examination and, comparison of the signatures appearing therein with any other document having admitted signatures of the petitioner was rejected.

(2.) IT appears that complainant-opposite party No. 2 filed a complaint case stating therein that the petitioner took a friendly loan of Rs. 1,80,000/-, from the complainant-opposite party No. 2 and got a deed of mortgage executed in favour of opposite party No. 1 mortgaging one Opel Corsa Car and also handed over ,a cheque to the complainant with a promise to repay the loan amount within a period of six months but the petitioner failed to pay off the loan amount. However, the petitioner asked for further time to pay the debt to which the complainant agreed. Even then the petitioner failed to keep his commitment and then the petitioner at the instance of the complainant entered the date and amount over the cheque which on its presentation got dishonoured due to insufficiency of fund on 23-3-2006. Thereafter notice was given to the petitioner and the complaint was filed. After the appearance of the petitioner, case was taken up for trial whereby complainant examined his witnesses and closed his case on 3-7-2008. Thereafter statement of the petitioner was recorded under Section 313 of the Code of Criminal Procedure and the case was fixed for adducing defence witnesses. After more than four months defence examined on witness on 21-1-2008 and the case was fixed for further evidence and then on 4-4-2008 a petition was filed for sending said cheque as well as mortgage deed before an expert for examination of the signature appearing on it which was rejected by the Court below on the ground that such petition has been filed vexatiously to delay the disposal of the case.

(3.) PETITIONER being aggrieved with that order preferred a revision application which was also dismissed on the ground that said application for examination of the signature of the petitioner appearing over cheque and other documents have been filed in order to delay the disposal of the case and that cheque got dishonoured on account of insufficiency of the fund and not on account of the fact that signature of the drawee does not tally and that signature appearing on the cheque gets tallied on bare perusal from the admitted signature appearing over the acknowledgement.