Premchand Jain vs Ramnarayan Sahare 25 Wps/3834/2019 ... on 16 May, 2019

[Cites 1, Cited by 1]

Chattisgarh High Court

Premchand Jain vs Ramnarayan Sahare 25 Wps/3834/2019 ... on 16 May, 2019

Bench: Sanjay K. Agrawal

                                      1


                                                                       NAFR

              HIGH COURT OF CHHATTISGARH, BILASPUR

                          CRMP No. 1210 of 2019

     Premchand Jain S/o Deepchand Jain, Aged About 36 Years R/o Ward
     No. 9, Doundilohara, Tahsil - Doundilohara, District - Balod
     Chhattisgarh. (Accused)

                                                             ---- Petitioner

                                   Versus

     Ramnarayan Sahare S/o Maharuram, Aged About 55 Years R/o
     Raipura, Police Station And Tahsil - Doundilohara, District - Balod
     Chhattisgarh. (Complainant)

                                                           ---- Respondent

For Petitioner : Mr. Shikhar Bhaktiyar, Advocate Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 16/05/19

1. Respondent's/complainant's opportunity to get the questioned cheque examined by the handwriting expert was closed by the learned Judicial Magistrate First Class, Balod vide order dated 10/01/2019 passed in Criminal Case No. 208/2016, being aggrieved of which, Criminal Revision No. 04/2019 was preferred by him whereby learned First Additional Sessions Judge, Balod reversed the order of the JMFC vide order dated 12/14/2019 and thereby, granted the opportunity to the respondent/complainant to get the questioned document examined by the handwriting expert against which this Criminal Miscellaneous Petition under Section 482 of the Cr.P.C. has been preferred by the petitioner/accused. 2

2. Learned counsel for the petitioner/accused submits that the order passed by the revisional Court is unsustainable and bad in law and is liable to be set aside.

3. I have heard learned counsel for the petitioner/accused, considered his submissions and went through the records with utmost circumspection.

4. Learned revisional Court, to secure the ends of justice, has granted the final opportunity to the respondent/complainant for getting the questioned document examined by the handwriting expert in which I do not find any perversity or illegality warranting interference under Section 482 of the Cr.P.C.

5. This Criminal Miscellaneous Petition deserves to be and is accordingly dismissed.

Sd/-

(Sanjay K. Agrawal) Judge Harneet

Unlock Advanced Research with PRISMAI

Chattisgarh High Court