9911796707
TMI Blog2019 (7) TMI 1949X X X X Extracts X X X X X X X X Extracts X X X X ..... omplainant (hereinafter to be referred as the 'respondent') filed a complaint under Section 138 of the Negotiable Instrument Act before the learned Chief Judicial Magistrate, Shimla, H.P. It has been alleged that the learned Chief Judicial Magistrate took cognizance and the petitioner/accused was summoned. Notice of Acquisition was also framed and the petitioner pleaded not guilty and thereafter the case was fixed for evidence on behalf of the complainant/respondent. The complainant was examined on 18.03.2017 and thereafter the evidence on behalf of complainant was closed. 3. As per the petitioner, his case is that he has not filled in the cheque (CW-1A), except the signatures in the alleged cheque and the cheque was given as a sec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by the valuable right to examine the figure mentioned in the disputed cheque from the handwriting expert. As per him, the figure was wrongly mentioned by the complainant. 8. The learned Counsel for the petitioner has argued that the petitioner is innocent and he has admitted that he has issued the cheque in question and also admitted his signatures on it, hence, no case can be made out against him. Conversely, the learned counsel appearing for the respondent has argued that the petitioner has committed a serious offence and that the offence is not compoundable, so, the petition may be dismissed. 9. To appreciate the arguments of learned counsel appearing on behalf of the parties, I have gone through the entire record in detail. 10. The ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... unt No. 100028246375, drawn on IndusInd Bank Limited, Shimla Branch, the Mall, Shimla, H.P. What you have to state about it? Ans. "Cheque Maine Khali Hastakshar Karke Rs. 2,50,000/- Ke Liye Diya thaa." 13. It means that the petitioner has admitted that he has issued the cheque, but for Rs. 2,50,000/- and has admitted his signatures on the cheque. So, when he has admitted the signatures on the negotiable instrument, no fruitful purpose will be served by sending the same to the handwriting expert. It is further to be noted that he has admitted his signatures on the cheque, in these circumstances, this Court finds that there is no reason to inherent jurisdiction under Section 482 of the Criminal Procedure Code, as the orders p ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
