IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA .

Cr.MMO No. 806 of 2023 Reserved on: 01.11.2023.

Date of Decision: 05.12.2023.

Saroj Kumari ...Petitioner Versus Harminder r ...Respondent Coram Hon’ble Mr. Justice Rakesh Kainthla, Judge.

Whether approved for reporting?¹ Yes.

For the P etitioner : Mr. R.L. Thakur, Advocate.

For the Respondent : Mr. Vikram Thakur, Advocate.

iRakesh Kainthla, Judge The present petition is directed against the order passed by the learned Chief Judicial Magistrate, Shimla, dated 24.1.2023, vide which the application filed by the petitioner under Section 45 read with Section 73 of the Indian Evidence Act for seeking the expert opinion of Handwriting Expert by comparing the signatures of the applicant with the disputed signatures was dismissed.

1 Whether reporters of Local Papers may be allowed to see the judgment? Yes.

2. It has been asserted that the respondent filed a complaint under Section 138 of the Negotiable Instruments Act against the petitioner in the year 2016. The petitioner/accused disputed her signatures on the cheque in the cross-examination of the respondent/complainant. The petitioner had lost the chequebook in May, 2017. She informed the Bank on 16