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2017 DIGILAW 1043 (RAJ)

Ali Asagar Sadari Wala v. State Of Rajasthan

2017-04-20

PUSHPENDRA SINGH BHATI

body2017
JUDGMENT ORDER Pushpendra Singh Bhati, J. - This criminal misc. petition under Section 482 Cr.P.C., 1973 has been preferred against the order dated 31.08.2016 passed by the learned Special Judicial Magistrate (NI Act) Cases No. 4, Udaipur in Regular Criminal Case No. 1626/2015, whereby the application filed by the petitioner for examination of the document (Ex.P.6) from FSL was dismissed. 2. Learned counsel for the petitioner has argued at length that the handwriting expert''s report was necessary for examination of Ex.P.6. 3. Learned Public Prosecutor states that the core issue in the proceedings under section 138 of the Negotiable Instruments Act is the cheque or the negotiable instrument, and once the signatures on the negotiable instrument have been accepted to be correct, then the ancillary issues would not survive, and therefore, the learned court below has rightly dismissed the application filed by the petitioner. 4. After hearing the learned counsel for the parties, this Court is of the opinion that once the cheque has been accepted to be rightly signed, thereafter the issue of any other document would not be necessary to be adjudicated upon. 5. In light of the aforesaid discussion, nothing survives to be adjudicated upon. 6. Consequently, the present misc. petition is dismissed. The stay application also stands disposed of.