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2024 Supreme(P&H) 425

HARKESH MANUJA
Jai Maa Bhanbhori Trading Co. – Appellant
Versus
Mohinder Singh – Respondent


Advocates Appeared:
For the Parties : Mr. Raghav Sharma, Mr. Shiv Kumar Rana.

JUDGMENT :

(Harkesh Manuja, J.)

By way of present petition filed under Section 482 Cr.P.C., prayer has been made for quashing/setting aside of impugned order dated 18.03.2024 passed by the Judicial Magistrate Ist Class, Kaithal, whereby an application filed at the instance of the petitioners seeking permission to examine handwriting expert for the purpose of comparison of the writing on the body of cheque with the signatures of petitioner No.2 thereupon was declined.

2. Having been arrayed as an accused in Complaint No.NACT/96/19 under Section 138 of the Negotiable Instruments Act filed at the instance of respondent/complainant, petitioner No.2 was summoned and was facing trial. While defence evidence was going on, petitioners moved an application for seeking permission to lead evidence by examining handwriting expert so as to compare the writing on the body of cheque with his signatures thereupon. The aforesaid application was opposed at the instance of respondent/complainant. The Trial Court vide order dated 18.03.2024 dismissed the prayer of the petitioners.

3. Impugning the aforesaid, learned counsel for the petitioners while placing reliance upon decision dated 13.06.2022 pass

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