Order

05/03/2019 Present petition has been filed under Section 482 Cr.P.C. praying that the order dated 19.01.2019 passed by the trial court whereby application of the petitioner to prove Ex.D.2 from the private handwriting expert has been dismissed, be set aside.

Petitioner earlier approached this court on 29.08.2018 and this court had passed the following order:-

“Instant petition has been preferred under Section 482 Cr.P.C. praying therein that the order dated 19.07.2018 passed by Court of Special Metropolitan Magistrate, (N.I. Act Cases) No.2, Jaipur Metropolitan, Jaipur, whereby the said Court declined the application filed by the petitioner under Section 45 of the Indian Evidence Act, be set aside. In the application, so filed the petitioner had prayed that the cheque, in question along with Exhibit-P/3 and receipt Exhibit-D/2 be sent to the State Forensic Science Laboratory Rajasthan, Jaipur.

Allegedly, the petitioner had issued cheque, in question which on presentation, bounced.

The learned counsel appearing for the petitioner contends that the petitioner has denied all handwriting on the cheque, except his signatures. Counsel further contends that the petitioner-accused filed an application praying that the cheque, in question be sent to the handwriting expert along with other documents to the State Forensic Science Laboratory Rajasthan, Jaipur for comparison of the handwriting.

Offence under Section 138 of the Negotiable Instruments Act is civil in nature. It is common knowledge that the State Forensic Science Laboratory Rajasthan, Jaipur is heavily over burdened with the reports to be submitted in the rape and murder cases. The reports in murder and rape cases are not being presented by the State Forensic Science Laboratory Rajasthan, Jaipur due to lack of infrastructure. In case, the cheque, in question in a cases arising out of proceedings under Section 138 of the Negotiable Instruments Act, is sent to the State Forensic Science Laboratory Rajasthan, Jaipur its working shall be chocked forever.

Thus, no ground for interference is made out. However, the petitioner, if so advised, may examine private handwriting expert as defence witness to prove his stand, qua the cheque and other documents at his own cost, during the course of the trial.

In view of above, the present petition is disposed of.”

After the order dated 29.08.2018 was passed, petitioner filed an application for comparison of the signatures of the father of complainant upon the document Exhibit D.2. A prayer was made before the trial court that complaint be directed to produce specimen/admitted signatures of his father. Complainant filed a reply to the said application and stated therein that he is not having any handwriting of his father available with him for comparison of the contents of Ex.D.2.

The trial court noted that three opportunities were granted to the petitioner to produce admitted signatures or handwriting of the father of the complainant.

Having heard counsel for the petitioner, this court is of the view that complainant is entitled to say that he is not having any handwriting of his father available with him for comparison of the documents. What is the affect of such denial by the complainant is in the realm of appreciation of evidence. The trial court rightly rejected the prayer of the petitioner, therefore, no interference is warranted.

In view of observations made above, the present petition is dismissed.

(KANWALJIT SINGH AHLUWALIA),J Heena/157