Case Law Details
Sudhir Kumar Vs Padam Singh (Punjab & Haryana High Court)
Petitioner never denied his signatures over the cheque in question in the statement under Section 313 Cr.P.C and instead, the affirmative case set up by the petitioner is that the said cheque had been issued for security purpose. The argument thus sought to be raised before this Court is not pleaded by the petitioner in his defence. The petitioner having admitted his signatures on the cheque in question, the subsequent issue as to who filled up the cheque is to be examined at the time of final adjudication. The submission raised before this Court is not made out in the evidence and is thus an after-thought and is apparently intended to delay the proceedings before the trial Court.
The impugned orders do not suffer from any illegality, irregularity, perversity or result in failure of justice by non-examination of the Hand-Writing Expert in the facts of the instant case. Learned counsel for the petitioner has failed to refer to any provision in law as per which the handwriting on cheque must necessarily be that of the signatory or to any judgment that would hold that once the signatures on cheque are admitted, filing of the cheque in a different handwriting itself would be a sufficient ground to rule against a cheque having been issued in due course. The entire evidence has to be seen in light of the defence taken in Section 313 Cr.P.C. Where the plea raised in the application is not likely to advance any apparent interest of justice and is an evident attempt to delay the culmination of the proceedings, such an endeavour needs to be checked.
FULL TEXT OF THE JUDGMENT/ORDER OF PUNJAB & HARYANA HIGH COURT
1. The present petition raises a challenge to the order dated 01.12.2021 passed by the Judicial Magistrate First Class, Sohna, Gurugram in case No. NIA/14/2017 titled as “Padam Singh versus Sudhir Kumar” filed under Section 138 read with Section 141 and 142 of the Negotiable Instruments Act and under Sections 406 and 420 IPC as also the order dated 18.01.2022 passed by the Additional Sessions Judge, Gurugram dismissing the revision petition filed by the petitioner on an application for seeking permission to engage the Hand Writing Expert.
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