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2016 Supreme(HP) 592

TARLOK SINGH CHAUHAN
Raj Kumar – Appellant
Versus
Ram Krishan & Sons – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. Surender Verma, Advocate
For the Respondent:Mr. Rajesh Verma, Advocate

JUDGMENT :

Tarlok Singh Chauhan, J.

This petition under Section 482 Cr.P.C. read with Article 227 of the Constitution seeks quashing and setting aside of the order passed by the learned Judicial Magistrate Ist Class, Chamba, District Chamba, on 19.06.2015 whereby he dismissed the application filed by the petitioner under Section 45 of the Indian Evidence Act (for short ‘Evidence Act’) for comparison of handwriting by the Handwriting Expert.

2. The Minimal facts as are necessary for the determination of this case are that the respondent filed a complaint against the petitioner under Section 138 of the Negotiable Instruments Act (for short the ‘Act’) claiming dishonour of cheque of value of Rs. 2,25,000/-, whereas, the stand of the petitioner was that he in order to maintain the relations and further in order to repose confidence had issued five cheques of Rs. 25,000/- each to the respondent as security. It was further claimed that apart from the defence already taken, the respondent otherwise had interpolated the amount in the cheques and in place of Rs. 25,000/- he had pre-fixed two and thereby converted the amount to Rs. 2,25,000/-.

3. During the course of proceedings, the petitioner














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