Court No. - 72
Case :- APPLICATION U/S 482 No. - 35857 of 2019 Applicant :- M/S Bharat Constructions Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ranjeet Singh,Achyut Jee Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Joshi,J.
Heard Sri Manu Mishra holding brief of Sri Ranjeet Singh, learned counsel for the applicant and learned AGA for the State.
Present application under Section 482 Cr.P.C. has been filed for quashing the order dated 7.9.2019 passed by the Additional Sessions Judge, Court No. 5 Jhansi in Criminal Appeal No. 28/2019 arising out of Complaint Case No. 601/2017, under Section 138 of N.I. Act, Jhansi.
It reflects from the record that in a proceeding under Section 138 of N.I. Act, the applicant was convicted vide order dated 2.4.2019. Against that order, Criminal Appeal No. 28 of 2019 was filed, which is pending. During the pendency of the appeal, an application was filed under Section 391 Cr.P.C. with the prayer to determine the age of handwriting in the original cheque from Forensic Science Laboratory, which has been rejected vide impugned order.
The appellate court while rejecting the application has specifically recorded that earlier the said application with the same prayer was filed before the trial court, which was rejected vide order dated 5.3.2019 and even otherwise the determination of age of handwriting of original cheque from the Forensic Science Laboratory is not at all necessary for the purposes of deciding the appeal. The appellate court further recorded that the said application is totally misconceived and only filed in order to delay the proceedings of the appeal.
I do not find any illegality or infirmity in the impugned order passed by the appellate court.
The application lacks merit and is, accordingly, rejected.
Order Date :- 26.9.2019 Noman