Rajasthan High Court - Jaipur
Dinesh Kumar Saini Son Of Shri Kedar Nath ... vs Ram Kishan Meena Son Of Shri Ramnarayan ... on 11 November, 2021
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 7109/2021
Dinesh Kumar Saini Son Of Shri Kedar Nath Saini, Aged About
62 Years, Resident Of 62, Prabhat Colony, Vijay Badi, Path No. 7,
Murlipura, Jaipur (Raj.)
----Petitioner
Versus
Ram Kishan Meena Son Of Shri Ramnarayan Meena, Resident Of
194, Santosh Sagar Colony, Brahmpuri, Jaipur (Raj.).
----Respondent
For Petitioner(s) : Mr. Raj Kumar Sharma For Respondent(s) : Mr. Shyam Prakash Sharma, PP HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA Order 11/11/2021 The petitioner by way of this misc. petition prays for quashing and setting aside the order dated 04.09.2021 whereby he has moved an application under Section 45 of the Evidence Act for getting the opinion of handwriting expert on the cheque which was rejected.
Learned counsel for the petitioner submits that there were several interpolations on the cheque and it was necessary for the concerned Court to get an expert opinion regarding change of number and dates mentioned in the cheque and therefore the Court wrongly rejected his application.
I have considered the submissions.
This Court finds that the learned Court below has noticed that the petitioner has admitted of having issued the cheque in his own signature. So far as the interpolations are concerned, since (Downloaded on 17/11/2021 at 09:19:05 PM) (2 of 2) [CRLMP-7109/2021] the cheque was returned for insufficient amount and for interpolations on the cheque, the presumption has to be drawn that up to the time when the cheque was returned for insufficient amount there were interpolations and thus no requirement of expert opinion is made out.
The order passed by the learned Special Metropolitan Magistrate (NI Act cases) No.3, Jaipur Metropolitan dated 04.09.2021 does not warrant any interference.
Accordingly, the criminal misc. petition is dismissed.
(SANJEEV PRAKASH SHARMA),J NITIN /92 (Downloaded on 17/11/2021 at 09:19:05 PM) Powered by TCPDF (www.tcpdf.org)