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2006 Supreme(Raj) 976

H.R.PANWAR
Mangal Singh – Appellant
Versus
Khurana Chemicals – Respondent


Advocates Appeared:
Dr. Sachin Acharya, for the Petitioners.
Mr. M.K. Garg, for the Non-Petitioner.

Judgment

H.R. Panwar, J.-This criminal revision under Section 397/401 of the Code of Criminal Procedure, 1973 (for short, “the Code” hereinafter) is directed against the order dated 010.2005 passed by the Additional Chief Judicial Magistrate No. 2, Sri Ganganagar (for short, “the trial Court” hereinafter) in Criminal Complaint Case No. 49/2003, whereby the application filed by the accused-petitioner seeking opinion of the handwriting expert on the cheque in question came to be dismissed by the trial Court. Aggrieved by the order impugned, the petitioner has filed the instant criminal revision.

2. It is contended by the learned Counsel for the petitioner that though the signature on the cheque in issue has not been disputed by the petitioner but the petitioner only directed the handwriting on the cheque whereby the amount and the name have been filled up.

3. Learned Counsel for the complainant submits that in the instant case, after service of notice of dishonour of the cheque, a complaint was filed on 15.06.2002. Thereafter the trial Court took cognizance of the offence under Section 138 of the Negotiable Instruments Act, 1881(for short, “the Act” hereinafter) and framed the charge





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