Vinod Maroti Mehare v. Jitendra s/o. Pralhad Kapse
2013-09-03
P.D.KODE
body2013
DigiLaw.ai
JUDGMENT Rule. Rule returnable forthwith. Heard finally by consent of the parties. 2. The applicant is prosecuted for commission of an offence under Section 138 of the Negotiable Instruments Act on the ground of a cheque given by him to the complainant for the legal debt, had bounced after presentation and thereafter failed to pay the demanded amount mentioned in the demand notice served upon him by complainant within the stipulated period. The applicant-accused has filed an application for sending the cheques in question to the Central Forensic Science Laboratory for determining age of the ink thereon. 3. Learned counsel for the applicant urges that rejection of the application had deprived the applicant of an opportunity to substantiate his defence in the case. The submission is refuted by learned Counsel for the opponent by submitting that the defence of the applicant before the trial Court was that blank cheques were handed over and as such rejection of the said application is unlikely to cause any prejudice to the applicant, as the said aspect is wholly irrelevant to the issues involved in the case. 4. After giving anxious consideration to the submissions made by learned Counsel for the parties and bare perusal of the order reveals that the application has been rejected by the trial Court on the ground of there being no scientific method for determining the age of the ink upon the cheques. Perusal of the order does not reveal the basis on which the said observation was made by the trial Court. In the circumstances, the order based upon the same cannot be sustained and is liable to be quashed and set aside by keeping the said question open for consideration of the trial Court. 5. Resultantly, the impugned order is hereby quashed and set aside. The matter is relegated back to the trial Court for deciding the application Exh.57, in accordance with law. It is clarified that the issue regarding relevancy of age of the said ink is kept open for consideration by the trial Court. The trial Court is further directed to decide the proceedings as expeditiously as possible. 6. Rule is made absolute in the above terms. No order as to costs. Ordered accordingly.