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2018 Supreme(Raj) 1752

KANWALJIT SINGH AHLUWALIA
Ramesh Sharma – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
R.S. Yadav, Advocate, for the Appellant; Ms Meenakshi Pareek, PP, for the Respondent

JUDGMENT

Kanwaljit Singh Ahluwalia, J. - In the present case, the petitioner had issued a cheque, which on presentation had bounced. Consequently, the respondents had instituted a complaint under section 138 of the Negotiable Instruments Act. During the course of the trial, the accused-petitioner filed an application stating that the cheque be sent to the State Forensic Science Laboratory Rajasthan, Jaipur for comparison by the handwriting expert.

2. This Court in the case of Rajkumar Sharma v. State of Rajasthan & another, S.B. Criminal Miscellaneous (Petition) No.5149/2017, decided on 06.03.2018, has observed as under:-

    "Instant petition has been preferred under Section 482 Cr.P.C., 1973 praying therein that the order dated 24.08.2017 passed by the Court of Judicial Magistrate, Deoli District Tonk, whereby the said Court refused to send the cheque, in question to the State Forensic Science Laboratory Rajasthan, Jaipur, be set aside. Allegedly, the petitioner had issued a cheque, in question, which on presentation had bounced. The learned counsel appearing for the petitioner contends that the petitioner has denied all handwriting on the cheque, except his signatures. Counsel furthe

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