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2015 Supreme(Del) 2178

SUNIL GAUR
JAGDISH SINGH – Appellant
Versus
STATE – Respondent


Advocates:
Advocate Appeared:
Mr. S.C. Tomar, Advocate.
Mr. Arun Kumar Sharma, Additional Public Prosecutor for State with S/SI Seema.

JUDGMENT

1. In proceedings under Section 138 of Negotiable Instruments Act, 1881 impugned order of 30th June, 2015 permits petitioner to obtain handwriting expert opinion on the cheque in question and the deposit slip by observing that such expert opinion is essential for the just decision of the case.

2. The challenge to the impugned order in this petition is on the ground that once the signatures on the cheque in question are admitted then there is no occasion for permitting a scientific examination of the cheque in question because the payee of the cheque gets the implied authority to fill the particulars in the cheque. At the hearing, it was put to learned counsel for petitioner whether it is admitted that the cheque in question was given blank to petitioner and the instant response of learned counsel for petitioner was in the negative. During the course of hearing, reliance was placed by learned counsel for petitioner upon decisions in A.R. Banerjee v. State & Anr. 2014 (214) DLT 325, Nisha Gupta v. Ram Kishan Gupta 2014 (210) DLT 710, Rangappa v. Sri Mohan AIR 2010 SC 1898, L.C.Goyal v. Mrs. Suresh Joshi & Ors. AIR 1999 SC 2222 and Ravi Chopra v. State & Anr. 2009 (1) ALD (Cri.




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