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2009 Supreme(Raj) 2136

RAGHUVENDRA S.RATHORE
Mahaveer Prasad Sarraf – Appellant
Versus
Devendra Kumar Sharma – Respondent


For the Petitioner:Mr. Himmat Singh, Bikarwar, Advocate.
For the non-petitioner No. 1:Mr. Javed, Choudhary, PP, Mr. Yogesh. Singhal, Advocates.

JUDGMENT :

1. - As agreed between both the parties, the matter was heard on the last date and it was kept for orders today.

2. The petitioner has filed this miscellaneous petition against the order dated 22.04.2009, whereby the learned Magistrate dismissed the application filed by him to send the cheques in question for examination by the Handwriting Expert at the Forensic Science Laboratory. Feeling aggrieved of the said order, the petitioner preferred a revision petition but without any success as the same was also dismissed on 19.05.2009.

3. The facts of the case, in nut-shell, are that non-petitioner No.1 had filed a complaint against the petitioner for the offence under Section 138 of the Negotiable Instruments Act. It was stated in the complaint that on 10.09.2004 petitioner borrowed Rs. 2,00,000/- from the complainant and for return of the same, he had given two cheques bearing No.875039 dated 24.08.2005 for a sum of Rs. 1,50,000/- and the second cheque bearing No.460407 dated 29.08.2005 for a sum of Rs. 50,000/-. Further, it was mentioned in the complaint that the said cheques were dishonoured. On filing of the complaint, the learned trial court took cognizance and summoned t







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