Dismissed

Gobind Prasad Agrawal Govind Prasad Bohra v. State of Jharkhand And Anr.

Jharkhand HC4 Sept 2012Cr.M.P./1332/2007

Case brief

AI extract

What is this about?

The High Court rejected the petitioner's challenge to lower court orders refusing to send cheques to a handwriting expert, finding no merit as the defence expert had already given an opinion, rendering further verification unnecessary.

What did the court decide?

The prayer for verification of the cheques before a handwriting expert was rejected.

Gobind Prasad Agrawal Govind Prasad Bohra Vs State of… — Cheque Dishonour | Jharkhand HC (2012)

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In the High Court of Jharkhand at Ranchi Cr.M.P.No.1332 of 2007

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Gobind Prasad Agrawal @ Govind Prasad Bohra.......Petitioner

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V E R S U S

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State of Jharkhand .and another....................Opposite Parties

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CORAM: HON’BLE MR. JUSTICE R.R.PRASAD

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For the Petitioner : M/s. Rajesh Kumar and Kumar Vimal For the State : A.P.P For the O.P.No.2 : Mr.S.L.Agrawal

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6 / 4.9.12. Heard learned counsel appearing for the petitioner and learned counsel appearing for the State and also learned counsel appearing for the opposite party no.2.

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It is the case of the petitioner that two cheques had been given to one Shankar Lal Bhauka, father of the complainant Shiv Kumar Bharuka wherein petitioner had put in the amount and the signature whereas payee's name had been left open. The said cheque had been given by way of security. Subsequently, the complainant got the name of Shiv Kumar Bhauka put in over the cheque, though the petitioner was never in business terms with him and as such, no occasion was there to give a cheque in his name.

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However, the complainant lodged the case on the allegation that two cheques had been given in discharge of the debt and when it were deposited with the Bank, it got dishonoured and therefore, a case was lodged under Section 138 of the Negotiable Instrument Act.

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In course of trial when a handwriting expert was examined, he on verifying the writing on cheques did depose that the writing of the amount and the signatures appearing over the cheques are of the same person whereas the name of the payee and the dates are in different handwriting and therefore, an application was filed for sending the said cheques with admitted signature of the complainant for its verification before a handwriting expert so that he may examine it scientifically but that prayer was rejected by the court below and even by the revisional court.

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Having heard learned counsel appearing for the parties, it does appear that the courts below having taken into account the fact that the handwriting expert who was examined on behalf of the defence has already given

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his opinion there has been absolutely no necessity of sending the cheques for verification of the writing before handwriting expert. In such situation, I do not find any illegality with the orders impugned.

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Accordingly, I do not find any merit in this application. Hence,

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it is dismissed.

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( R. R. Prasad, J.)

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ND/

Gobind Prasad Agrawal Govind Prasad Bohra v. State of Jharkhand And Anr.

Case brief

What is this about?

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Gobind Prasad Agrawal Govind Prasad Bohra v. State of Jharkhand And Anr.

Case brief

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What did the court decide?

What the court decided

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