Dismissed

Prempuri v. State of Rajasthan

Rajasthan HC22 Apr 2024CRLMP/204/2024

Case brief

AI extract

What is this about?

The High Court dismissed a miscellaneous petition filed to send a cheque for handwriting comparison. The court held the petition was an impermissible second revision prohibited under Section 397 CrPC and noted the petitioner admitted his signature, negating the need for forensic analysis.

What did the court decide?

The miscellaneous petition and stay petition were dismissed on the ground of being an impermissible second revision and lack of merit.

Prempuri Vs State of Rajasthan — Cheque Dishonour | Rajasthan HC (2024)

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[2024:RJ-JD:17427]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Misc(Pet.) No. 204/2024

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Prempuri S/o Shri Kalupuri, Aged About 35 Years, B/c Goswami, R/o Swamiyo Ki Dhani, Gram Manaklav Vaya, Mathaniya, Tehsil Tinwari, Dist. Jodhpur (Raj.)

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----Petitioner

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Versus

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State Of Rajasthan, Through Pp

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Girdhari Ram S/o Shri Chogaram, R/o Gram Gilakour, Tehsil Balesar, Dist. Jodhpur (Raj.)

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----Respondents

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For Petitioner(s) : Mr. Vikas Chouhan, through VC For Respondent(s) : Mr. Shrawan Bishnoi, PP

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HON'BLE MR. JUSTICE FARJAND ALI

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Order

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22/04/2024

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Heard learned counsel for the petitioner through VC. Perused the order passed by the learned Magistrate as well as by the learned Court of Revision.

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The petitioner moved an application before the learned trial Court for sending the cheque in question to the FSL for the purpose of examination and comparison of the handwriting put on a cheque by a handwriting expert. The said application got rejected by the learned Magistrate. The legality, correctness and propriety as the same has prudently been examined by the learned Court of Session. Now again the matter has been agitated in disguise of a misc petition under Section 482 of Cr.P.C. I am of the view the present misc. petition is nothing but a second revision in guise of a misc. petition. A second revision of the same

[2024:RJ-JD:17427]

[CRLMP-204/2024]

(2 of 2)

order by the same party is prohibited under sub-clause 3 of Section 397 of the Cr.P.C., therefore, the petition deserves to be dismissed on this count alone.

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For the purpose of satisfaction I have also gone through the niceties of the case. It is appearing that the petitioner admits his signature on the cheque in question and makes objection with regard to the other entries on the cheque. As per the settled law, the other entries can be filled by any other person. Since the petitioner admits his signature on the cheque in question, therefore, no ground is made out for sending the cheque for examination to FSL. There is no force in the petition and the same deserves to be dismissed.

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Accordingly, the instant misc. petition as well as stay petition is dismissed.

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(FARJAND ALI),J

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799-Samvedana/-

Prempuri v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Prempuri v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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