Shiv Kumar Sharma vs Jitendra Sharma

Brij Kishore Dubey, J.—Heard on the question of admission and perused the record. This petition u/s 482 of the Code of Criminal Procedure, 1973 is preferred by the petitioner herein/complainant against the order dated 26/07/2013 passed by I Additional Sessions Judge, Joura, District Morena in Cr. Revision No. 110/13 affirming the order dated 04/07/2013 passed in Criminal Case No. 117/12 by the Judicial Magistrate First Class, Joura, District Morena whereby an application u/s 45 of the Evidence Act filed by the respondent herein/accused for examining the writings in the impugned cheque by Hand Writing Expert has been allowed.

Learned counsel for the petitioner submits that the petitioner herein/complainant cited the judgment of this Court in the case of Narendra Dhakad Vs. Anand Kumar, ILR (2008) MP 1309 but the learned Revisional Court has not considered the decision relied upon by the petitioner though the learned Trial court mentioned in the order but has not considered the decision relied upon by the petitioner for the purpose of rejecting the application.

The limited prayer of the learned counsel for the petitioner is to remand the matter back to the Court below with a direction to reconsider the application filed by the respondent herein/accused u/s 45 of the Evidence Act by considering the decision cited by the petitioner herein/complainant wherein it has been held that when the accused has not denied the signature on the cheque, then no useful purpose would be served for getting the writings in the impugned cheque by examining an Hand Writing Expert and pass suitable order accordingly. Considering the submissions of the learned counsel for the petitioner and facts of the case but without expressing any opinion on merits of the case, this petition is disposed of with the following directions:-

(i) The impugned orders dated 26/07/2013 passed by I Additional Sessions Judge, Joura, District Morena in Cr. Revision No. 110/13 and the order dated 04/07/2012 passed in Criminal Case No. 117/12 by the Judicial Magistrate First Class, Joura, District Morena are set aside; and

(ii) The case is remitted back to the Trial Court to reconsider the application filed by the respondent herein/accused u/s 45 of the Evidence Act and pass a reasoned order after hearing both the parties by considering the decision relied upon as well as law cited by the petitioner.

With the aforesaid direction, this petition stands disposed of.