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2012 Supreme(P&H) 200

RAKESH KUMAR GARG
Gurmeet Singh – Appellant
Versus
State of Haryana – Respondent


Advocates Appeared:
For the Petitioner:Mr. H.S. Saggu, Advocate.

JUDGMENT

Rakesh Kumar Garg, J. - Respondent No. 2 filed a complaint under Section 138 of the Negotiable Instruments Act , 1881 against the petitioner which is pending before the Judicial Magistrate 1St Class, Panchkula and the petitioner is facing trial in the said complaint.

2. During the pendency of the trial, the petitioner moved an application before the trial Court seeking permission of the Court for taking photographs of the cheque and specimen handwriting of the complainant and for permission to engage an expert and get a report regarding the cheque to prove that the cheque was misused by the complainant.

3. The said application was dismissed by the trial Court vide order dated 4.1.2012.

4. Revision filed by the petitioner against the said order was also dismissed by the Sessions Judge, Panchkula vide order dated 25.1.2012.

5. Both the aforesaid orders are under challenge in this petition for quashing filed under Section 482 Criminal Procedure Code

6. From the facts, it is not disputed that the petitioner has admitted his signatures on the cheque in question. However, he has taken the plea that the disputed cheque was not filled up by him and the same has been fabricated by t




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