9911796707
TMI Blog2010 (9) TMI 1286X X X X Extracts X X X X X X X X Extracts X X X X ..... ng expert, is affirmed. 3. Facts in narrow compass are that the Petitioner is facing criminal trial in the Court of JMFC, Gwalior on a complaint filed by the Respondent under Negotiable Instruments Act (for brevity N.I. Act ). In that case the Petitioner filed one application under Section 45 of the Evidence Act praying that disputed Cheque No. 010102 is alleged to be signed by the complainant and the Petitioner has already made a complaint to concerning Bank on 24-5-2007 that the disputed cheque No. 010102, dated 13-7-2007 alongwith two other Cheque Nos. 010109 and 010110 which are all signed by the Petitioner have been lost. Hence to prevent its misuse, prayed for stopping the payment of aforesaid Cheques. It is averred in the appli ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n the cheque, therefore, the age of writing on the disputed Cheque is material for determination of the rights of the applicant/accused. It is held that applicant is entitled to get the cheque examined by handwriting expert to ascertain the age of writings on the disputed Cheque. Further reliance is placed in Kalyani Baskar (Mrs.) v. M.S. Sampoornam (Mrs.) (2007) 2 SCC 258. In that case, at initial stage Appellant had filed an application under Section 245 of Code of Criminal Procedure in which she had categorically denied her signature on the Cheque and its delivery to Respondent besides raising other preliminary objection in opposition to the complaint filed by the Respondent under Section 138 of NI Act. That application was dismissed on ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Trial Court as well as Revisional Court has rightly observed that since signature of Petitioner on disputed Cheque is admitted by the Petitioner himself, hence no need for sending disputed Cheque for examination by handwriting expert concerning other part of Cheque concerning name of the complainant and date which is alleged to be filled by complainant. So far as citations relied upon by the Petitioner are concerned, facts of those cases are different as in those cases signature of accused on Cheques was disputed while facts of case at hand are altogether different. Considering the overall aspects of the matter so also the impugned orders and the documents on record, it is apparent that the orders of the Trial Court and Revisional Court are ..... X X X X Extracts X X X X X X X X Extracts X X X X
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