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2014 Supreme(Raj) 965

VIJAY BISHNOI
Mahendrapal – Appellant
Versus
State of Rajasthan – Respondent


Advocates:
For the Petitioner:D.S. Gaur, Advocate.
For the Respondent:Anish Bhurat, Advocate.

JUDGMENT

1. - This Criminal Misc. Petition under Section 482 Cr.P.C. has been filed by the petitioner against the order dated 26.06.2013 passed by the Judicial Magistrate, First Class, Gharsana, District Sri Gangangar in Criminal Case No. 397/2007, whereby the court below has rejected the application preferred by the petitioner under Sections 243 and 245 Cr.P.C., in a proceedings pending against the petitioner under Section 138 of Negotiable Instrument Act.

2. The court below has observed that the request of the petitioner for sending the cheque in question to Forensic Science Laboratory for examination of his signatures, cannot be granted, because it is clear from the record that the cheque in question was handed over by the petitioner to the Ravindra Kumar, in pursuance of compromise entered into between the petitioner and him, as per the decision dated 18.08.2005 of Additional District and Sessions Judge, Anoopgarh in case No. 15/2004. The court below has also observed that the petitioner has filed this application when the last opportunity was granted to the petitioner to produce the evidence in defence. With these observations the court below has rejected the application of the






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