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2014 Supreme(Raj) 653
RAJASTHAN HIGH COURT
Vijay Bishnoi, J.
Mahendrapal - Petitioner
Versus
State of Rajasthan - Respondent
S.B. Criminal Misc. Petition No. 2153/2013
Decided On : 11-2-2014
For the Petitioner:D.S. Gaur, Advocate
For the Respondent: Anish Bhurat, Public Prosecutor
The legal principle established is that a request for examination of signatures on a cheque may be rejected if the cheque was handed over in pursuance of a compromise passed by a competent court of jurisdiction.
Headnote:
Section 482 Cr.P.C. - Rejection of Application for Examination of Signatures - The court rejected the petitioner's application for sending the cheque in question to the Forensic Science Laboratory for examination of his signatures, as the cheque was handed over in pursuance of a compromise passed by a competent court of jurisdiction.
Fact of the Case:
The petitioner filed a petition against the order rejecting the application for examination of signatures on a cheque in a pending criminal case under Section 138 of Negotiable Instrument Act.
Finding of the Court:
The court found that the request for examination of signatures was unwarranted as the cheque was handed over in pursuance of a compromise passed by a competent court of jurisdiction, and therefore dismissed the petition.
Issues: The issue was whether the petitioner's request for examination of signatures on the cheque was justified in the context of the compromise passed by a competent court of jurisdiction.
Ratio Decidendi: The court held that the request for examination of signatures was unwarranted in light of the compromise passed by a competent court of jurisdiction, and therefore upheld the rejection of the application.
Final Decision: The Criminal Misc. Petition was dismissed by the court.
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.398/2007, 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.
Petition dismissed.
