Revision dismissed. The Single Judge upheld the Trial Court's order rejecting the revisionist's application to produce a handwriting expert, noting the accused admitted signing the cheques under Sections 251 and 313 Cr.P.C.
Revision dismissed with special costs of Rs. 200 to be deposited at the District Legal Services Authority.
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Neutral Citation No. - 2023:AHC:237216
Court No. - 82
Case :- CRIMINAL REVISION No. - 5573 of 2023
Revisionist :- Raja Ram Baudh Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Navin Kumar Counsel for Opposite Party :- G.A.,A.K. Mishra,Sati Shanker Tripathi
Hon'ble Ms. Nand Prabha Shukla,J.
Heard Sri Navin Kumar, learned counsel for the revisionist, Sri Sati Shanker Tripathi, learned counsel for the opposite parties and learned A.G.A. for the State.
Learned counsel for the revisionist has challenged the order dated 05.10.2023 for producing the handwriting expert to examine the signatures on the disputed cheques.
The learned Trial Court while considering the aforesaid submission has recorded its reasons that the accused in his statement under Sections 251 Cr.P.C. and 313 Cr.P.C. had himself admitted that he signed the cheques. The application has been moved to delay the trial proceedings. Therefore, the application of the revisionist was dismissed awarding special cost of Rs. 200/which was to be deposited at the District Legal Services Authority.
From the perusal of the record, we find that the learned Trial Court has passed the impugned order, after application of mind and after considering the facts and circumstances in totality. There is no illegality in the impugned order.
The revision is, accordingly, dismissed.
Order Date :- 14.12.2023 Shivani
Digitally signed by :- SHIVANI SRIVASTAVA High Court of Judicature at Allahabad
1 issue framed by the court
Whether the Trial Court committed an error in rejecting the application to delay the trial for calling a handwriting expert to examine signatures on disputed cheques?
1 provisions across 1 enactments
Raja Ram Baudh
State of U.P.
Nand Prabha Shukla
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
