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2019 Supreme(P&H) 1599

RAJBIR SEHRAWAT
Sukhjinder Singh – Appellant
Versus
Buta Singh – Respondent


Advocates Appeaerd:Mr. H.S. Bhullar, Advocate for the petitioner.

JUDGMENT

Mr. Rajbir Sehrawat, J. (Oral):- This is a petition challenging the order dated 29.01.2019 passed by Judicial Magistrate Ist Class, Faridkot; dismissing the application of the petitioner/ accused for taking his own specimen handwriting for comparison of the same with the writing on the body of the cheque involved the complaint; and the order dated 02.07.2019 (Annexure P-4) passed by Additional Sessions Judge Faridkot, thereby dismissing the revision petition against the above said order of the trial Court.

2. The facts giving rise to the present petition are that the petitioner had given a cheque to the complainant; which the complainant claims to be received in discharge of enforceable liability of the petitioner. The said cheque was defaulted in payment. Therefore, the complainant had preferred a complaint against the petitioner under Section 138 of NI Act The complainant completed his evidence. At the stage of starting of the defence evidence, the petitioner/ accused has taken a plea that the cheque in question, though undisputedly signed by him, however, was not ‘drawn’ by him; because he had not filled up the body of the cheque. To prove this fact, the petitioner/ accu

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