RAJ KUMAR Vs. S.K. TRADING COMPANY

JUDGEMENT

(1.) The petitioner has approached this Court challenging impugned order dtd. 17/9/2021 (Annexure P-7) passed by learned Sub Divisional Judicial Magistrate, Phul vide which an application filed by the accused praying therein that the report of handwriting expert be discarded and that strict compliance of order passed by this Court i.e. order dtd. 29/1/2020 passed in CRM-M-8483 of 2017 (Annexure P-4) be made, has been dismissed.

(2.) I have heard the learned counsel for the petitioner and have also perused the documents annexed with the petition and also certain documents, which have today been produced in the Court, and are taken on record.

(3.) A few facts necessary for disposal of this petition are that a complaint i.e. COMA-217/2014 under Sec. 138 of Negotiable Instruments Act was instituted by 'M/s S.K. Trading Company' against 'M/s True Enterprises' and others. During the course of cross-examination of complainant, the accused/petitioner produced some document, which according to the complainant was a forged document. The complainant accordingly moved an application dtd. 23/1/2017 (Annexure P-l) under Sec. 311 Cr.P.C. to examine handwriting expert, which was dismissed vide order dtd. 27/2/2017 (Annexure P-2) passed by learned Sub Divisional Judicial Magistrate, Phul. The complainant, however, challenged the said order before this Court by way of filing CRM-M-8483 of 2017, which was accepted vide order dtd. 29/1/2020 (Annexure P-4). The operative portion of the said order reads as follows: