The main legal principle established is the importance of examining disputed documents by the State Forensic Science Laboratory to determine alleged forgeries or interpolations.

1. - The instant misc. petition has been filed on behalf of the petitioner challenging the order dated 14.1.2011 passed by the learned Special Judicial Magistrate (N.I. Act) Cases, Bikaner in complaint case No.2033/09 dismissing the application filed on behalf of the petitioner for sending the disputed cheque to the FSL for examination.

2. Learned counsel submits that the petitioner has taken a specific plea in the court below that the cheque which was issued was only for a sum of Rs. 3,000/-, whereas, the complainant by misusing the empty spaces in the cheque added the words "one lakh" before the amount of rupees three thousand and the numerals "10" before the amount of Rs. 3000/- and thereby made interpolation in the cheque in question. The cheque (Ex.P 1-A) has been filed on the record for the perusal of the court.

3. Learned counsel submits that from the apparent viewing of the cheque itself, it is evident that forged interpolations have been made in the cheque and, therefore, the trial court was not at all justified in rejecting the prayer made on behalf of the petitioner for sending the cheque to FSL for examination by the Hand Writing Expert.

4. Per contra, learned counsel for the respondents have opposed the submissions made on behalf of learned counsel for the petitioner.

5. Heard learned counsel for the parties, perused the order impugned as well as the disputed cheque and the statement of the complainant recorded at the trial.

6. The accused in his cross examination has given a specific suggestion to the complainant that the words one lakh and the numerals 10 were added in the cheque by misusing the blank spaces. From a perusal of the cheque also, this Court is of the opinion that the said contention of the learned counsel for the petitioner is not without any basis. Therefore, it was absolutely essential for the trial court to have the cheque examined by sending it to the State Forensic Science Laboratory for giving its opinion as regards the alleged interpolations.

7. Resultantly, this misc. petition is allowed. The order dated 14.1.2011 passed by the learned Special Judicial Magistrate (N.I. Act) Cases, Bikaner is hereby quashed. The learned trial court is directed to forthwith transmit the cheque in question to the State Forensic Science Laboratory for examination in relation to the alleged interpolations as has been claimed by the petitioner in his application for sending the cheque to the Hand Writing Expert for examination. The trial court shall instruct the State Forensic Science Laboratory to send the report expeditiously.Petition allowed.

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