Sr. No. 204

HIGH COURT OF JAMMU AND KASHMIR

AT JAMMU

CRR No. 43/2013

IA No. 25/2013

Sushil Kumar

…Petitioner/Appellant(s)

Through: None.

v/s

Pritam Kumar

…. Respondent(s)

Through: None.

CORAM: HON’BLE MR. JUSTICE VINOD CHATTERJI KOUL, JUDGE

ORDER

1.

This revision petition has been filed against the order whereby an

application of the petitioner seeking report/opinion of forensic expert about

comparison of his signatures and the signatures on the cheque is rejected.

2.

The order impugned has been challenged on the ground that the

comparison of the disputed signatures was the only method and procedure in

order to come to a just conclusion of the case and the trial court has failed to

consider the said situation of the law. The opinion of the expert was required

for the purposes of corroboration or disagreeing with the other evidence

recorded in the Court. In Case the signatures are not sent for forensic test to

the hand-writing expert, trial court cannot come to the just conclusion on the

question of fact as to whether the cheque had been signed b