Criminal revision dismissed. Petitioner accused under Section 138 NI Act could not prove year of cheque issuance. Court held expert opinion unnecessary as payment date was clear.
Application to send cheque for expert opinion is deemed unnecessary; criminal revision dismissed.
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THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE No.246 of 2011
JUDGMENT:
This revision is directed against the order dated 16.3.2009 passed in Crl.M.P.No.2510 of 2008 in C.C.No.1195 of 2007 by the III Additional Judicial First Class Magistrate, Kothagudem.
The petitioner, who is the accused in the above C.C., is facing trial for the offence punishable under Section 138 of the Negotiable Instruments Act. During the course of trial, it appears that the petitioner-accused filed an application under Section 45 of the Indian Evidence Act seeking to send the cheque in question to an expert to find out as to whether there is any material alteration in the year of the cheque or not. However, the said application was dismissed by the learned Magistrate by the order impugned herein.
Heard and perused the material available on record.
Having looked at the allegations in the complaint and also the order impugned, this Court is of the view that there cannot be any doubt with regard to the year of the issuance of the cheque for the reason that the transaction between the parties took place on 12.7.2004, on which date, the said amount was paid and a promissory note was also executed. In those circumstances, this Court is of the view that it is not necessary for the Court below to send the cheque to ascertain as to the alternation of the year in the cheque in question.
Accordingly, the Criminal Revision Case is dismissed.
_____________________________ JUSTICE GOPALA KRISHNA TAMADA
8th March 2011 Nn
THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA
CRIMINAL REVISION CASE No.246 of 2011
8.3.2011
2 issues framed by the court
Whether the cheque needed to be sent for expert opinion to check for material alteration in the year of issuance.
Whether the dismissal of the application to send the cheque for expert opinion should be set aside.
2 provisions across 2 enactments
PETITIONER
GOPALA KRISHNA TAMADA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
