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2013 DIGILAW 2028 (RAJ)

Mohd. Rais v. State of Rajasthan

2013-11-18

NISHA GUPTA

body2013
JUDGMENT : Nisha Gupta, J. This Misc. petition under Section 482 Cr.P.C. has been filed against the impugned order dated 6.9.2013 passed by Special Judicial Magistrate (NI Act Cases) Court, Kota in Cr. Case No. 159/2010 whereby two applications of the present petitioner have been dismissed. 2. The short facts of case relevant for disposal of the present petition are that cognizance under Section 138 of the Negotiable Instruments Act (in short NI Act) has been taken against the present petitioner on 13.5.2010. Thereafter present petitioner on 6.9.2013 moved an application before the court below with some contentions to recall that order and court below has dismissed the application. The other application which was dismissed by the court below is for getting the hand-writing expert as regards writing on the cheque which was also dismissed. Hence this petition. 3. Heard the learned counsel for the petitioner and learned Public Prosecutor and perused the impugned order. 4. There is no dispute about the fact that cognizance against the present petitioner was taken on 13.5.2010 and the cognizance order has not been assailed by the present petitioner by way of revision and assailed the order before the trial Court with the application and the court below has rightly held that he has no power to recall the order of cognizance. There is no infirmity in the impugned order. 5. The other application which has been rightly rejected by the court below is for calling hand writing expert report as regards to hand writing on the cheque. The court below has specifically considered the fact that execution of cheque has not been denied by the present petitioner and in view of Section 20 of the NI Act who has filled the cheque is immaterial, hence there is no reason to interfere with the impugned order. The court below has rightly considered and rejected the applications. Consequently, the petition is hereby dismissed.