- (1.) Petitioner has preferred this misc. petition aggrieved by order dated 14.09.2017 passed by Session Judge, Baran whereby Revision Petition preferred by the respondents was allowed and Revisional Court has directed that the cheque in question be sent to handwriting expert at the cost of the respondent. It is contended by counsel for the Respondent that the cheque in question was signed by Respondent Nos.2 and 3 which act was mentioned in the complaint. Respondent No.2 moved an application that does not bear his signatures, application was rejected by the Trial Court but on the revision the Revisional Court has directed that the cheque be sent to handwriting expert. It is contended that the cheuqe was dishonored on account of insufficiency of funds and was not dishonored on the ground of not tallying. It is contended that since the cheque was not dishonored on the grounds of signature not tallying there was no justification for directing that the cheque be sent to a handwriting expert.
(2.) Counsel for the petitioner has placed reliance on Rampal Vs. State of Rajasthan and Anr., 2015 (2) NIJ 440 (Raj), Ghanshyam Vs. Ashok Kumar Joshi, 2017 (1) NIJ 438 (Raj) and Mukesh Kumar Gandhi Vs. Seem Devi and Anr. 2015 (1) NIJ 129 (Raj).
(3.) I have considered the contentions and perused the order passed by the Revisional Court. Revisional Court has mentioned that Respondent No.2 from the initial stage has taken a defence that the cheque does not bear his signature and that an FIR has already been lodged against the complainant that the cheque was forcefully snatched from the respondents. If the cheque is not signed by the Respondent No.2, the complainant would not be in a position to proceed against him when it is a specific case of Respondent No.2 that the cheque was snatched, an FIR was lodged that the cheuqe bears his signatures. To impart justice it was necessary to get the report from handwriting expert. The judgments referred to by counsel for the petitioner do not apply to the facts of the present case as it is a specific case of the Respondent No.2 that the cheque was snatched and an FIR was lodged that the cheque does not bear his signatures. ;