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2015 Supreme(Del) 2186

SUNIL GAUR
KHANNA TRADERS – Appellant
Versus
SCHOLAR PUBLISHING HOUSE P. LTD. – Respondent


Advocate Appeared:
Mr. Gaurang Kainth, Mrs. Biji Rajesh & Mr. Sujoy Chatterjee, Advocates.
Mr. Chirag Jamwal & Mr. Ajay Upadhyay, Advocates.

JUDGMENT

1. In proceedings under Section 138 of Negotiable Instruments Act, 1881 petitioner is a complainant, who seeks quashing of trial court’s order of 23rd February, 2013 and revisional court’s order of 3rd April, 2013 vide which petitioner’s prayer for determination by forensic science expert as to whether endorsements made on the back of the cheques in question (Ex.C1/D4 and C1/D5) were made before or after putting the seal by the drawee bank is declined. Both the courts below have held that the application for such expert opinion has been filed after delay of six years and the genuineness of the cheques in question was not disputed and so at the fag end petitioner cannot be allowed to fill in the lacuna. At the hearing, learned counsel for petitioner submits that delay of six years cannot stand in the way of petitioner for the reason that another prayer of petitioner which was also after delay of six years for the recall of official from the concerned bank already stands allowed by the impugned orders and so on the ground of delay, scientific examination of the cheques in question cannot be denied to petitioner, otherwise it will cause miscarriage of justice.

2. Learned counse





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