S. K. Forjing through propriter Mohd. Muslim Khilchi Son of Shri Mohammad Amin v. State of Rajasthan through P. P.
2017-03-10
PANKAJ BHANDARI
body2017
DigiLaw.ai
JUDGMENT : Pankaj Bhandari, J. Application for early hearing is allowed. 2. At the request of the parties, the matter is heard today. 3. Petitioner has preferred this Criminal Misc. Petition aggrieved by order dated 26.10.2015 passed by Special Metropolitan Magistrate (Negotiable Instrument Act cases) No.16, Jaipur and order dated 17.12.2015 passed by the Additional Sessions Judge No.5, Jaipur Metropolitan. Whereby the Court below has rejected the application filed by the petitioner for sending the documents to the FSL to ascertain whether same is in handwriting of complainant. 4. It is contended by the counsel for the petitioner that the petitioner has paid the amount to the complainant and receipt was given to him by the complainant which bears the hand writing of the complainant. The Court below has committed grave error in not sending documents to the hand writing expert. 5. Counsel for the complainant has opposed this Misc. Petition. His contentions is that the alleged document is dated 20.09.2013 whereas the complainant pertains to cheque dated 29.11.2013, therefore, the document has no relevance to the complaint in question. 6. It is also contended that complainant has availed of the remedy of revision and second revision is barred under Section 397(3) Cr.P.C. 7. I have considered the contentions and perused the order passed by the Court below. The trial Court in its order has specifically mentioned that the Court is competent to compare signature and hand writing and the petitioner has cross-examined the complainant at length with regard to the receipt. 8. There being a specific bar of entertaining second revision by the same person and petitioner having availed the remedy of revision, considering the fact that the documents in dispute is dated 20.09.2013 whereas the cheque in question is dated 29.11.2013. No case is made out for sending the same to FSL. 9. The Misc. Petition deserves to be dismissed and the same is accordingly dismissed. 10. Stay application also stands disposed of.