YASHWANT VARMA
Mohd Mubin Alias Raja – Appellant
Versus
State of U. P. – Respondent
YASHWANT VARMA, J.
1. Heard learned counsel for the applicant and the learned AGA.
2. This petitions calls in question an order dated 15 May 2018 pursuant to which Application No. 29 KHA moved by the applicant who is an accused in Complaint Case No. 6021 of 2015 under Section 406, 323 IPC has come to be rejected. The application itself was for the Court undertaking an exercise of verifying the signatures appearing on a document which is relied upon by the complainant.
3. The submission of the learned counsel for the applicant is that since permission was accorded to the complainant to bring this document/instrument on record of the proceedings, there was no occasion for the Court to reject the application which went to the root of the execution of the instrument itself. It is on this basis that the instant petition is pressed.
4. The Court finds no substance in the submission advanced since the document/instrument which has been brought on the record of the trial is not one which is relied upon by the applicant but and to the contrary by the complainant. The onus, therefore, to establish the execution of the instrument prima facie lies upon the complainant himself.
5.
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