AI Structured Summary
Not yet generated for this judgment
No AI summary yet
Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.
Judgment
6 paragraphs · 346 wordsT.H.B. Chalapathi, J.
This application under Section 482 Criminal Procedure Code is filed to quash the order of the learned Judicial Magistrate, Ist Class, Hoshiarpur dated 14.10.1998 rejecting the prayer of the petitioner to produce Expert Report and to examine the Expert by way of additional evidence.
The petitioner filed a complaint against the accused for the offences under Sections 406 and 420 Indian Penal Code. The accused examined himself as a witness. In his evidence, he denied his signature on the bills in question. Therefore, the petitioner filed an application to permit him to place on record the report of the Expert and to examine the Expert. That application has been rejected by the Judicial Magistrate, Ist Class, Hoshiarpur. Hence this application.
It is not the case of the petitioner that he was not aware of the fact that the accused has denied his signatures earlier and the denial has come only during the crossexamination of the accused as a witness in defence. To the notice issued by the complainant before filing the complaint, a reply has been given by the accused on 13.6.1994 in which the accused had clearly stated that the cheque was never issued by the accused and that the same was stolen by the complainant and the signatures of the accused were forged. Therefore, it is obligatory on the part of the complainant to produce his evidence and during his evidence he should have proved that the cheque allegedly issued by the accused was in fact signed by him. The complainant should have produced the evidence of the Expert while adducing his evidence before examination of the accused under Section 313 Cr.P.C. He cannot be permitted to fill up the lacuna at a later stage. It cannot also be said to be an inadvertent mistake. Section 311 Cr.P.C. is not intended to fill up the lacuna.
In this view of the matter, I do not find any ground warranting interference with the order of the learned Judicial Magistrate, Ist Class, Hoshiarpur.
The petition is, therefore, dismissed.