9911796707
TMI Blog2011 (2) TMI 1614X X X X Extracts X X X X X X X X Extracts X X X X ..... as been preferred under Sections 397, 401 of Cr.PC for setting aside order dated 26-4-2010 passed by Fourteenth Additional Sessions Judge, Gwalior, in Criminal Revision No. 170/2010, whereby revision is partly allowed setting aside order dated 23-3-2010 passed by JMFC, Gwalior, in Criminal Case No. 9681/08 rejecting the application filed under Section 45 of the Evidence Act by the respondent/accus ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ntents of the cheque concerning date, amount etc., are not in his handwriting, hence, report of Handwriting Expert be called for. It was further prayed that complainant and witness be recalled for further cross-examination. Learned Trial Court rejected both the applications. In the revision, learned Revisional Court dismissed the application filed under Section 311 of Cr.PC on the ground that grou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eev, 2007(2) M.P.H.T. 182. In that case, prayer was made to get the cheque examined by Handwriting Expert in order to prove that forgery has been committed by the complainant as the amount of the cheque was already paid to the complainant but later on complainant interpolated in that cheque and entered another date and made certain entries and then presented it in the bank. Considering the fact th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cant, it is contended by learned Counsel for the respondent/accused that respondent/accused has taken the defence that he has lost his cheque concerning which he has made a report at Police Station, Gola Ka Mandir, and thereafter he has also sent intimation to concerning bank for "stop payment" and though the signature on the cheque is in his handwriting, but rest of the contents are not ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ert concerning other part of cheque concerning date, amount etc. alleged to be filled by somebody else. Whether disputed cheque was lost or not, it will be decided after evidence. Respondent can very well adduce evidence on that point. 9. Considering the overall aspects of the matter so also the impugned orders and the documents on record, according to me, the order of learned Revisional Court al ..... X X X X Extracts X X X X X X X X Extracts X X X X
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