ORDER

This petition under Article 227 of Constitution of India has been filed against the order dated 26.10.2023 passed by Civil Judge, Senior 2 M.P. No. 7559/2023 Division, Satna in SCNIA No. 618/2019 by which the application filed by petitioner to send the disputed cheque to handwriting expert to verify the handwriting on the impugned cheque has been rejected.

2. It is submitted by counsel for petitioner that petitioner is facing criminal case for offence under Section 138 of Negotiable Instruments Act. Since the cheque in question is not in the handwriting of petitioner and the same was manipulated, therefore, an application was filed by petitioner for sending the cheque to handwriting expert which has been rejected.

3. Heard learned counsel for petitioner.

4. It is the case of petitioner that in fact he had given a cheque of Rs.40,000/- but by interpolating the same, the digits 40,000/- were made 4,40,000/- by adding 4 in front of 40,000/-. Therefore, it was prayed that the cheque should have been sent to the handwriting expert for verification.

5. The petitioner has not filed a copy of cheque. It is the contention of petitioner that the cheque amount of Rs.40,000/- was made Rs.4,40,000/- by adding a digit 4 in front of Rs.40,000/-. However, there is no whisper about the amount which was written in words. Since, petitioner has also not filed a copy of the cheque, therefore, this Court was also unable to verify as to whether there is any manipulation in the amount written in words or not. However, as the petitioner has not alleged any manipulation with regard to amount mentioned on the cheque in words, therefore, for the purposes of this petition, this Court is of considered opinion that there doesn’t appeared to be any manipulation so far as the amount mentioned in words is concerned.

3 M.P. No. 7559/2023

6. It is not the case of petitioner that the cheque was never issued by him. It is his case that cheque was issued by him but for a lesser amount, therefore, the signatures of the petitioner and the cheque is undisputed.

7. Under these circumstances, this Court is of considered opinion that no case is made out warranting interference.

8. Petition fails and is hereby dismissed.

(G.S. AHLUWALIA) JUDGE AL Digitally signed by ASHISH KUMAR LILHARE Date: 2024.02.06 19:07:09 +05'30'