High Court allowed an application under Cr.P.C. 482 for a final chance to produce handwriting expert evidence in a cheque dishonour case. The applicant was to pay Rs. 5,000 court fee to the opposite party on a fixed date.
One last opportunity granted to produce handwriting expert evidence after payment of Rs. 5,000 court fee to opposite party no. 2.
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Court No. - 49
Case :- APPLICATION U/S 482 No. - 20254 of 2018
Applicant :- Koshal Kisore Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Ajay Sengar Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
Heard learned counsel for the applicant and learned AGA for the State as also perused the record.
The present application U/s 482 Cr.P.C. has been filed against the order dated 26.05.2018 passed by the Chief Judicial Magistrate, Jalaun at Orai in Complaint Case No. 545 of 2016 under Section 138 of N.I.Act, Police Station Kotwali Orai, District Jalaun.
Learned counsel for the applicant submits that earlier the learned court below had itself allowed the application filed by the applicant to lead evidence of hand writing expert. Such application was allowed on 07.05.2012 on which the next date was fixed 26.05.2018.
On 26.05.2018, the hand writing expert could not appear on account of his personal reasons. Therefore, the applicant had sought a short date. The aforesaid adjournment application had been rejected by the learned court below.
Perusal of the order dated 07.05.2018 does not indicate that 26.05.2018 was the last date for examination of the hand writing expert. It appears to be the first date.
Considering the above, the order passed by the learned court below quashing the opportunity of defence evidence on 26.05.2018 appears to be harsh.
Having considered the argument so advanced by learned counsel for the applicant, I find that no useful purpose would be served in keeping this application pending or issuing notice to the opposite party in the matter. Subject to payment of cost Rs. 5,000/- to be paid to the opposite party no.2 on or before the next date fixed before the learned court below, the applicant shall have one last opportunity of seeking date to produce defence in the shape of hand writing expert.
The instant application is allowed .
Order Date :- 4.6.2018 Lbm/-
1 issue framed by the court
Whether to allow an application seeking one last opportunity to produce defence handwriting expert evidence after previous adjournment requests were rejected.
1 provisions across 1 enactments
Koshal Kisore
State Of U.P.
Saumitra Dayal Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
