Court No. - 85
Case :- APPLICATION U/S 482 No. - 14223 of 2021 Applicant :- Vimal Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajiv Sharma,Abhishek Sharma Counsel for Opposite Party :- G.A.
Hon'ble Gautam Chowdhary,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This application has been filed with a prayer to quash the order dated 18.03.2021 passed by Addl. Sessions Judge, Court NO. 15, Ghaziabad in Criminal Appeal No. 187 of 2019, under section 138 of N.I. Act.
It is contended by learned counsel for the applicant that it is alleged that applicant has issued a cheque in favour of O.P. No.
2 for Rs. 18 lacs for which applicant has taken stand that the cheque in question does not bear his signature. The cheque is forged and fabricated. Thereafter the applicant was punished under section 138 N.I. Act and sentenced to undergo Simple imprisonment for one year with a fine of Rs. 36 lacs. Aggrieved against the said order, the applicant preferred an appeal being Criminal appeal No. 187 of 2019 during this period he has filed an application under section 391 Cr.P.C. for referring the hand writing and signature of the supplicant for Forensic Science Laboratory, that has been rejected.
Considering the submission of learned counsel for the applicant and after perusing the record it appears that the demand of the applicant for sending the signature and hand writing for FSL report is just and proper, but without considering the same the appellate authority had passed the impugned order which is illegal, Therefore, the impugned order is hereby quashed.The case is remanded back to the court below for deciding afresh after giving proper opportunity to either of the side.
Accordingly, this application is allowed. Order Date :- 16.8.2021 RPD