BHANU PRATAP SINGH Vs. KARNI SINGH

JUDGEMENT

(1.) The instant misc. petition has been filed on behalf of the petitioner challenging the order dated 5.6.2013 passed by the learned Special Judicial Magistrate (N.I. Act Cases), No. 1, Bikaner in Criminal Complaint Case No. 2646/2009, whereby, the application filed by the petitioner for sending the disputed cheque to the FSL for seeking opinion regarding the age of the writings on the cheque in question was rejected.

(2.) Learned counsel for the petitioner submits that the petitioner had given a blank signed cheque to the complainant. He submits that the complainant had misused the cheque in question. Learned counsel submits that the petitioner is entitled to seek opinion regarding the age of the writings on the cheque in question through the FSL so that the accused can defend himself properly. Learned counsel has placed reliance on the decision rendered by the Honourable Apex Court in the case of T. Nagappa Vs. Y.R. Muralidhar, reported in 2008 Cr.L.R. (SC) 457 in support of his contentions and urges that the misc. petition deserves to be allowed.

(3.) Per contra, learned counsel for the respondent Shri Shreekant Verma submits that the petitioner has come out with an entirely new case by way of a belated application filed after nearly six years of bouncing of the cheque. He submits that no reply to the notice under Sec. 138 of the N.I. Act was given the petitioner. He further submits that the petitioner has not mentioned in his application as to when the signed cheque was given by him to the complainant. He thus submits that the accused is not entitled to have the cheque sent to the FSL for the purpose of seeking an opinion regarding the age of the writings.