2014 Supreme(Raj) 965
RAJASTHAN HIGH COURT
Vijay Bishnoi, J.
Mahendrapal - Appellant
Versus
State of Rajasthan - Respondent
S.B. Criminal Misc. Petition No. 2152 of 2013.
Decided On : 11-02-2014
Advocates:
For the Petitioner:D.S. Gaur, Advocate.
For the Respondent:Anish Bhurat, Advocate.
The compromise entered into between parties as per the decision of a competent court can influence the validity of requests for forensic examination in legal proceedings.
Headnote:
Forensic Examination - Negotiable Instrument Act - The court rejected the petitioner's request for forensic examination of a cheque based on the compromise entered into between the petitioner and another party, as per the decision of a competent court. The rejection was deemed justified by the higher court.
Fact of the Case:
The petitioner filed a petition against the rejection of their application for forensic examination of a cheque in a proceedings under Section 138 of the Negotiable Instrument Act.
Finding of the Court:
The court found that the rejection of the petitioner's application for forensic examination was justified based on the compromise entered into between the parties and the decision of a competent court.
Issues: The issue revolved around the petitioner's request for forensic examination of the cheque and the validity of the rejection by the lower court.
Ratio Decidendi: The court's decision was influenced by the fact that the cheque was handed over based on a compromise ordered by a competent court, making the forensic examination request unwarranted.
Final Decision: The Criminal Misc. Petition was dismissed by the court, upholding the rejection of the petitioner's application for forensic examination.
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 petitioner.
3. Heard learned counsel for the petitioner as well as learned Public Prosecutor.
4. After perusing the impugned order dated 26.06.2013, this Court is of the opinion that when the cheque in question was handed over by the petitioner to Ravindra Kumar, in pursuance of compromise passed by a competent court of jurisdiction, the request of the petitioner for sending this cheque for examination of his signatures to the Forensic Science Laboratory is absolutely unwarranted and, therefore, the court below has not committed any illegality in rejecting the said request of the petitioner vide order dated 26.06.2013.
5. Hence, there is no force in this Criminal Misc. Petition, and the same is hereby dismissed.
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