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R.C.MISHRA
Ram Sewak – Appellant
Versus
Narayan Singh – Respondent


Advocates:
Counsel for the Parties:
For the Petitioner:Shri Rajesh Patel, Advocate
For the Respondent:Shri Pushpendra Dubey, Advocate.

JUDGMENT

R.C. Mihra, J. —Arguments heard.

2. This is a petition, under Section 482 of the Code of Criminal Procedure (for short ‘the Code’).

3. The petitioner is aggrieved by rejection of his application, under Sections 45 and 47 read with 73 of the Evidence Act, for subjecting the documents in the form of agreement dated 2.12.06 and receipt dated 2.11.08, to examination by an Handwriting Expert.

4. Corresponding trial is pending as Criminal Case No.3568/09 before Shri Sanjay Verma, JMFC, Bhopal. In that case, cognizance of the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 has been taken upon a complaint made by the respondent.

5. Vide order-dated 4.2.11, the petitioner’s application was rejected for the following reasons –

(i) An earlier application for the same relief had already been rejected on 12.11.2009 without granting liberty to him to revive the prayer at a later stage and the order, remaining unchallenged, had already attained finality.

(ii) It was made for the purpose of delay only.

6. The order-dated 4.2.11 (supra) has been affirmed by way of the order-dated 16.3.11 passed by First Additional Judge to the Court of II ASJ, Bhopal, in Cri. R. No.1












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