Court No. - 72
Case :- APPLICATION U/S 482 No. - 32231 of 2019 Applicant :- Saleem Khan Opposite Party :- State Of U.P. And Another Counsel for Applicant :- S.M.Ayaz Ali Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Joshi,J.
Heard Sri S.M.Ayaz Ali, counsel for the applicant and learned A.G.A. for the State.
The present application under section 482,Cr.P.C. has been filed for quashing the entire proceedings of Complaint Case No. 07 of 2018, Mahendra Bansal Singh Vs. Saleem Shah, under section 138 of N.I. Act, Police Station Lohamandi, pending in the court of Additional Court, court no. 2, Agra alongwith order dated 7.3.2019, by which the application moved by the applicant for calling report of handwriting expert has been rejected by the court below.
The facts leading to the filing of present application, are that Complaint no. 7 of 2018 was filed by the opposite party no. 2 under section 138 of the Negotiable Instrument Act, alleging dishonouring of the cheque issued by the applicant for a sum of Rs. 40,000/-. In the said case, after the applicant was summoned, the statement of P.W.-1 & 2 was recorded, the matter is fixed for statement of the accused-applicant under section 313,Cr.P.C.. At that stage, an application was moved on behalf of the accused applicant for calling report of handwriting expert on the ground that although signatures on the cheque is genuine but the said cheques were stolen and have been used by the opposite party no. 2 by filling up the blank cheques and therefore, report of the handwriting expert is necessary.
The trial court has rejected the said application of the applicant on the ground that signatures on the cheques has been admitted by the applicant and the case is at the stage of evidence and the application has been filed with a view to delay the proceedings and with no other purpose and there is no necessity of calling report of the handwriting expert in the facts and circumstances of the case.
After hearing the submissions and on perusal of the record, in the considered opinion of this Court, there appears to be no illegality or infirmity in the order impugned.
The application lacks merit and is accordingly dismissed.
Order Date :- 22.8.2019 SNT/