IQRAR AHMED Vs. MOHAMMED SADIQ

JUDGEMENT

(1.) THIS petition has been filed under Section 482 of the Cr.P.C. by the accused for quashment of the order dated 20.2.14 passed by the Sessions Judge, District Ujjain in Criminal Revision No. 255/13 dismissing the application of the accused petitioner under Section 45 of the Evidence Act.

(2.) BRIEF facts of the case are that the respondent non -applicant Mohammed Sadiq had extended a loan to the applicant petitioner Iqrar Ahmed and the cheque was issued in return of the amount taken by the accused and they have failed to pay the same as the cheque had bounced and a complaint was filed by the non -applicant Mohammed Sadiq before the JMFC Ujjain. During the proceedings the accused petitioner Iqrar Ahmed filed an application under Section 45 of the Evidence Act for calling of the handwriting expert for verification of the signatures on the registered A.D. The trial Court dismissed the application stating that the accused had not disputed the signatures on the cheque vide Ex.P/1; whereas he wanted to verify the signatures by handwriting expert regarding signatures on the registered A.D. card. And whereas the address was also not disputed by the accused and the trial Court had held that since the signatures on the cheque were not disputed and the address was not disputed, then the signatures on the registered A.D. card were not of much significance and it was also a matter of evidence. The Trial Court found that having examined the accused, he has himself given the address to be Khudiram Bos Marg Near Gudri Bazar, Ujjain; and even in the bail supplied the same address has been noted. Then the trial Court held that under the circumstances, as to who has received the A.D. card in receipt of the notice, is not much of consequence anyway.

(3.) IN such circumstances the signatures on the acknowledgement card would not require the examination by handwriting/finger print expert since it would be impossible to find out who amongst the family members have signed the acknowledgment.