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2023 Supreme(MP) 510

ANJULI PALO
Jayprakash Gupta – Appellant
Versus
Lakshmi Electricals Shahdol – Respondent


Advocates Appeared:
Rahul Diwakar, Advocate, Shailendra Singh, Advocate

JUDGMENT

Anjuli Palo, J. - In this petition under Section 482 of the Code of Criminal Procedure, the petitioner has challenged the validity of the order dated 07.06.2016 passed by learned Sessions Judge in Criminal Revision No.20 of 2016 whereby the revisional Court has partially allowed the revision of the petitioner but the prayer of the petitioner for examination of the cheque by handwriting expert under Sections 45 and 47 of the Evidence Act has been rejected.

2. The facts, in a nutshell, are that the respondent has filed a complaint under Section 138 of the Negotiable Instruments Act against the petitioner. During trial, the petitioner moved an application under Section 311 of the Cr.P.C. and another application under Section 45 and 47 of the Evidence Act seeking permission from the Court to get the cheque in question examined by the handwriting expert. The application for examination of the instrument by handwriting expert was rejected by the trial Court on 16.01.2016 stating that opinion of the expert is not necessary in the present case. Being aggrieved with the said order, the petitioner preferred a revision before the Sessions Court. The revisional court vide impugned order

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