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2013 DIGILAW 1020 (RAJ)

Ramesh Kumar v. State of Rajasthan

2013-05-16

KANWALJIT SINGH AHLUWALIA

body2013
JUDGMENT 1. - The present petition has been preferred by the complainant. The complainant had instituted a complaint under Section 138 of the Negotiable Instruments Act against respondent Sukh Dev. 2. During the progress of the trial, accused gave an application that there is interpolation in the cheque and figure four in the words has been added and the amount of Rs. 40,000/-written in the cheque has been inflated to Rs. 4,40,000/-. 3. A prayer was made that cheque be sent for comparison and examination by the FSL. The trial Court rejected the prayer of the accused. Aggrieved against the same, accused filed a revision, the revisional Court accepted the prayer of the accused and ordered that cheque be sent for examination to the FSL. The order of revisional Court below has been challenged before this Court by the complainant. 4. Shri M.L. Khatri counsel appearing for the complainant has submitted that if the cheque is perused from naked eye, it is evident that there was not enough space to insert four in the column, where amount is written in words. 5. Counsel for the State has submitted that by sending the cheque to the FSL, undue delay has been caused in culmination of the proceeding. It is submitted that the complaint was filed in the year 2007, six years going on to elapse yet the trial has not concluded. 6. After hearing counsel for the parties, it is apparent that the primary concern of the complainant is delay caused in conclusion of the trial. The revisional Court below exercised its discretion. No legal issue or argument has been raised or urged before this Court to disturb the discretion validly exercised. However, at the same time apprehension expressed by counsel for the complainant-petitioner that accused is resorting to delay tactics is required to be allayed. This Court is of the view that same can be done by issuing a direction to the trial Court to conclude the trial within stipulated period. 7. Without disturbing the orders of revisional Court below as there is no legal issue to exercise jurisdiction under Section 482 Cr.P.C., the present petition is disposed of with the direction to the trial Court to conclude the trial within a period of six months after the receipt of the report of FSL.Petition Disposed of. *******