Punjab-Haryana High Court
Shashi Bala vs Bhola Nath on 15 September, 2011
Author: Kanwaljit Singh Ahluwalia
Bench: Kanwaljit Singh Ahluwalia
RSA No. 772 of 2010 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
RSA No. 772 of 2010
Date of Decision:15.09.2011
Shashi Bala
........Appellant
Versus
Bhola Nath
........Respondent
*****
CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA
*****
Present: None for the appellant.
Mr. A.K. Jain, Advocate with
N.K. Jain, Finger Print Expert in person
*****
KANWALJIT SINGH AHLUWALIA,J.(ORAL)
The present appeal already stands withdrawn. A perusal of order dated March 22, 2011 reveals that regular second appeal has already been dismissed as withdrawn. However, notice was given to N.K. Jain, document expert as to why proceedings be not initiated against him under Section 340 Cr.P.C. for giving wrong evidence and as to why he should not be tried for an offence of perjury.
Today, an affidavit of N.K. Jain, who is present in person, has been filed and the same is taken on record. Sh. A.K. Jain, Advocate has submitted that evidence given by the document expert, N.K.Jain was not malafide. At the most, It can be inferred that finger print expert, N.K. Jain lacks necessary expertise and knowledge. Learned counsel has further stated that to save the litigants, N.K. Jain has decided to leave the profession of hand writing/finger print expert. A specific stand to this effect has been taken by N.K. Jain in his affidavit in its para 4, which RSA No. 772 of 2010 -2- reads as under:
"4. That the deponent is now aged 65 years and has virtually stopped the work of document expert and also for the reason that the deponent is to look after his ailing wife, who is bed ridden since 21.12.2010, as she is suffering from brain hemorrhage and paralysis. The deponent, with folded hands submits that he is at the mercy of this Hon'ble Court and seeks tenders unconditional apology before this Hon'ble Court for mistake on his part."
Taking into consideration the age, family circumstances and the fact that N.K. Jain has decided not to pursue the profession of hand writing/ finger print expert, this Court will not pursue the matter further and notice issued against the finger print expert for taking necessary action is dropped.
September 15, 2011 (KANWALJIT SINGH AHLUWALIA) harjeet JUDGE