2010 (9) TMI 1286

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....sputed cheque for examination by handwriting expert, is affirmed. 3. Facts in narrow compass are that the Petitioner is facing criminal trial in the Court of JMFC, Gwalior on a complaint filed by the Respondent under Negotiable Instruments Act (for brevity "N.I. Act"). In that case the Petitioner filed one application under Section 45 of the Evidence Act praying that disputed Cheque No. 010102 is alleged to be signed by the complainant and the Petitioner has already made a complaint to concerning Bank on 24-5-2007 that the disputed cheque No. 010102, dated 13-7-2007 alongwith two other Cheque Nos. 010109 and 010110 which are all signed by the Petitioner have been lost. Hence to prevent its misuse, prayed for stopping the payment ....

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....lainant by wrongly mentioning the date as in the year 2003 on the cheque, therefore, the age of writing on the disputed Cheque is material for determination of the rights of the applicant/accused. It is held that applicant is entitled to get the cheque examined by handwriting expert to ascertain the age of writings on the disputed Cheque. Further reliance is placed in Kalyani Baskar (Mrs.) v. M.S. Sampoornam (Mrs.) (2007) 2 SCC 258. In that case, at initial stage Appellant had filed an application under Section 245 of Code of Criminal Procedure in which she had categorically denied her signature on the Cheque and its delivery to Respondent besides raising other preliminary objection in opposition to the complaint filed by the Respondent und....