Arvinder Singh vs Sanjay Aggarwal

Sandeep Sharma, J

Being aggrieved and dissatisfied with order dated 14. 11.2019 passed by learned Judicial Magistrate 1st Class, Nahan, District Sirmaur, Himachal Pradesh, in case No. 144/6 of 17, whereby an application under S.243(2) CrPC having been filed by the petitioner, praying therein to send the disputed cheque for comparison of signatures to Central Forensic Science Laboratory, came to be dismissed, petitioner has approached this Court in the instant proceedings, praying therein to set aside the said order.

Having heard learned counsel for the parties and perused reasoning assigned by learned Court below, while passing impugned order, this Court finds that the application having been filed by the petitioner under S.243(2) CrPC has been rejected on the ground that the complainant and his witness are yet to be examined/cross-examined and in case prayer made in the application is allowed at this stage, it would amount to collection of evidence through court. In the case at hand, record reveals that the petitioner has alleged that the cheque was issued by him to the complainant as a security qua some other transaction long back and now the complainant has misused the same, but learned Court below, while passing impugned order has rightly observed that without examining the complainant as a witness, application has been filed with a motive to collect evidence in his favour. Otherwise also, it has been categorically observed in the impugned order that the petitioner, while putting up his defence, would definitely get an opportunity as per law to move such application.

Consequently, in view of explanation rendered in the impugned order, which otherwise appears to be based upon proper appreciation of law, this Court finds no occasion to interfere with the same, which is accordingly upheld. Petition is dismissed alongwith all pending applications. Needless to say, petitioner would be at liberty to move such application at an appropriate stage and same would be considered by learned Court below in accordance with law.