NAMTEY LEPCHA Vs. CHANDRA KUMAR SHARMA

JUDGEMENT

(1.) By filing this petition, the Petitioner seeks to assail the order of the learned Judicial Magistrate, East Sikkim at Gangtok, dated 22.12.2010, in Criminal Case No. 10 of 2009, by which an application filed by the Petitioner under Section 45 read with Sections 67 and 73 of the Evidence Act, 1872, was rejected.

(2.) The Petitioner states that the allegation against him in the criminal case before the learned Judicial Magistrate is that the sale deed and money receipt executed by him in respect of a land situated at Ranipool in favour of the Respondent is fraudulent, as it is the very same property which had been sold by him earlier to some other persons also.

(3.) Mrs. L. Chakraborty, learned Counsel appearing on behalf of the Petitioner, submits that it has been the case of the Petitioner all through that the documents alleged to be the sale deed and the money receipt said to be executed by him were not signed by him and that the signature appearing in those documents were forged. It is further submitted that by the application dated 20.12.2010, the Petitioner had prayed for forwarding the questioned documents for the opinion of the hand writing expert under Section 45 of the Evidence Act, for the purpose of which 4 documents had been requested to be considered as he did not possess any other documents contemporaneous to the questioned documents.