VIRENDRA SINGH BISHT Vs. STATE OF UTTARAKHAND
LAWS(UTN)-2012-4-130
HIGH COURT OF UTTARAKHAND
Decided on April 25,2012

Virendra Singh Bisht Appellant
VERSUS
STATE OF UTTARAKHAND Respondents

JUDGEMENT

Prafulla C. Pant, J. - (1.) HEARD . By means of this petition moved under section 482 of Cr.P.C., the petitioner has sought quashing of the order dated 12.08.2011, passed by Additional Chief Judicial Magistrate, Roorkee, which is affirmed by vide order dated 16.01.2012, by learned Sessions Judge, Hardwar, in Criminal Revision No. 411 of 2011.
(2.) BRIEF facts of the case are that the Criminal Complaint Case No. 516 of 2010 (renumbered as 1208 of 2011) Jagannath Prasad Kuksal vs. Virendra Singh Bisht was filed by the respondent no.2 against the petitioner in respect of offence punishable under section 138 of Negotiable Instruments Act, 1881, alleging that the cheque no 203268 dated 08.01.2009, of Axis Bank, Rishikesh, which was given by the petitioner to the respondent no.2 in connection with a liability got dishonoured on account of insufficiency of funds. It appears that during trial, at the stage of defence evidence the petitioner moved an application on 19.10.2010, seeking permission for adducing evidence of hand writing expert. The trial court after hearing the parties vide order dated 12.08.2011, rejected the application on the ground that the signature of the cheque are not denied by the accused. Aggrieved by said order dated 12.08.2011, accused filed Criminal Revision No. 411 of 2011, which was also dismissed after hearing the parties vide order dated 16.01.2012, by the revisional court.
(3.) HAVING considered submissions of learned counsel for the petitioner, and learned counsel for the State, and after going through the impugned orders and papers on record, since the petitioner had not denied the signature in the cheque in question, the trial court has committed no error of law in rejecting the application for adducing evidence of hand writing expert, as the same appears to be nothing but a dilatory tactic. Accordingly, the petition under section 482 of Cr.P.C., is dismissed summarily.;


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