The burden on the State Forensic Science Laboratory due to murder and rape cases influenced the court's decision not to send the cheque for comparison, while allowing the petitioner to examine a private handwriting expert at his own cost.

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 further contends that the petitioner accused filed an application praying that the cheque, in question be sent to the handwriting expert at State Forensic Science Laboratory Rajasthan, Jaipur for comparison of the handwriting. Offence under section 138 of the Negotiable Instruments Act is civil in nature. It is common knowledge that the State Forensic Science Laboratory Rajasthan, Jaipur is heavily over burdened with the reports to be submitted in the rape and murder cases. The reports in murder and rape cases are not being presented by the State Forensic Science Laboratory Rajasthan, Jaipur due to lack of infrastructure. In case, the cheque, in question in a cases arising out of proceedings under section 138 of the Negotiable Instruments Act, are sent to the State Forensic Science Laboratory Rajasthan, Jaipur its working shall be chocked forever. Thus, no ground for interference is made out. However, the petitioner, if so advised, may examine private handwriting expert as defence witness, at his own cost, during the course of the trial. In view of above, the present petition is disposed of."

3. In view of the order passed herein above the cheque cannot be sent for comparison to the handwriting expert at the State Forensic Science Laboratory Rajasthan, Jaipur.

4. After hearing the learned counsel appearing for the petitioner, the order passed by the trial Court, whereby sending of the cheque, in question to the State Forensic Science Laboratory Rajasthan, Jaipur was refused is upheld. However, it is ordered that the petitioner shall be permitted to examine private handwriting expert at his own cost as defence witness. In view of above, the present petition is disposed of.