4. The learned counsel for the petitioner, relying upon the
Judgment of Hon'ble Supreme Court of India dated 11.07.2023 in
the case of Ganga Prasad Ratnakar Vs. Fanindra Kumar
Chandra, passed in Criminal Appeal No. 1888 of 2023 wherein in
the facts of that case, where, the drawer of the cheque was the
father of the accused, the Hon'ble Supreme Court of India in the
facts of that case set aside the judgment of conviction and submits
that in this case also, the cheque having been forcibly taken away
from the son of the petitioner, hence it is submitted that both the
courts below have committed grave illegality in rejecting the
prayer for examination of the signature on the cheque by a
handwriting expert. It is next submitted that the petitioner has
examined two defence witnesses. Therefore, it is submitted that
the prayer as prayed for by the petitioner in this criminal
miscellaneous petition be allowed.