Dismissed

Firm M/S Avish Agency v. State of Rajasthan

Rajasthan HC14 Mar 2024CRLMP/342/2024

Case brief

AI extract

What is this about?

The High Court of Rajasthan dismissed the petitioner's petition under Section 482 Cr.P.C. against the trial court's order rejecting the prayer for FSL comparison of writings on a cheque other than the signature, holding that other writings could be made by any other person.

What did the court decide?

The miscellaneous petition is dismissed and the stay petition stands disposed of.

Firm M/S Avish Agency Vs State of Rajasthan — Cheque Dishonour | Rajasthan HC (2024)

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[2024:RJ-JD:12916]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Misc(Pet.) No. 342/2024

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Firm M/s Avish Agency, Through Its Proprietor Manoj Kumar Bedi S/o Surendra Bedi, Age 50 Years, B/c Bedi , Wholesale Merchant Market, Shop No. 52, Near Sugar Mills, Shri Ganganagar (Raj.)

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Manoj Kumar Bedi S/o Surendra Bedi, Aged About 50 Years, R/o Opposite Old Municipality, Ward No. 5, Sadul Shehar, Dist. Sri Ganganagr (Raj.)

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----Petitioners

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Versus

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State Of Rajasthan, Through Pp

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M/s Pushp Enterprises, Through Its Proprietor Namely Chandrapraksh Gehlot S/o Laxman Gehlot, B/c Mali, Firm R/o Sojat Road Marg, Near Kushal Krishi Farm, Sojat City, Tehsil Sojat, Dist. Pali (Raj.)

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----Respondents

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For Petitioner(s) : Mr. Bharat Devasi For Respondent(s) : Mr. A.R. Choudhary, PP

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HON'BLE MR. JUSTICE FARJAND ALI

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Order

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14/03/2024

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The instant Misc. Petition under Section 482 Cr.P.C. has been preferred by the petitioners against the order dated 10.02.2020 passed by the learned Additional Chief Judicial Magistrate, Sojat City, district Pali in Criminal Regular Case No.1480/2017 whereby the application preferred by the accused-petitioners for sending the cheque in question to FSL for comparison of his writing inscribed on the cheque except his signature.

(2 of 2)

[2024:RJ-JD:12916]

[CRLMP-342/2024]

Heard learned counsel for the parties. Perused the order under assail as well as the application dated 07.02.2020 moved at the instance of the petitioner.

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The petitioner seems to be an accused of a criminal prosecution launched against him by the complainant M/s Pushp Enterprises. The application moved on behalf of the accused reflecting that he admits his signature on the cheque but makes an objection for the other writings filled in the columns of the cheques. No such objection has ever been raised by him even when the notice was given to him before filing of the complaint. Complainant Chandra Prakash Gehlot was examined as P.W. 1 on 08.04.1011 and after perusal of his testimony, I see no reason to interfere in the order passed by the learned trial Court rejecting his prayer for sending the cheque to the FSL. Otherwise also, this Court is of the view that other writings on the cheque except the signature can be made by any other person. The onus lies upon the accused to convince the Court as to under what circumstances his signed cheque had been delivered to the complainant.

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Accordingly, there is no force in the instant Misc. Petition, the same is hereby dismissed. The stay petition stands disposed of.

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(FARJAND ALI),J

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120-Mamta/-

Firm M/S Avish Agency v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Firm M/S Avish Agency v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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