AIR 2011 (NOC) 203 (RAJ.) ::2011 ACD 245 (RAJ) ::(2010) 2 CriLR(Raj) 1177 ::(2010) 4 CivLJ 876 ::2011 (1) Crimes 79 SN ::2010 (2) NIJ 169 NOC

Rajasthan High Court

Hon'ble Judge(s): Gopal Krishan Vyas , J

(A) Negotiable Instruments Act (26 of 1881) S. 138 — Evidence Act (1 of 1872), S 45 — Dishonour of cheque — Opinion of handwriting expert — Hand-writing on cheque disputed by accused after complaint was filed, though he admitted his signature — No reply was initially given by him to notice — His defence that cheque in question was lost and other part of hand-writing except signature were not filled in by him — Can be considered at time of final adjudication of matter — Rejection of prayer to send cheque to FSL — Proper {" A case was filed against petitioner u/S. 138 of N.I. Act. Petitioner filed an application under Sec. 45 of the Evidence Act with the prayer that cheque in question may be sent to FSL for hand-writing report. Initially, when the cheque was dishonoured by the bank, no reply was given by the petitioner. Thereafter, when the complainant filed complaint under Sec. 138 of NI Act the petitioner took the defence that the cheque in question was lost and other part of the hand-writing except the signatures were not filed in by him and therefore, for the said purpose, the cheque may be sent for FSL. The defence which is taken by the petitioner in the trial Court can be considered at the time of final adjudication of the matter. The rejection of prayer to send cheque to FSL is justified since petitioner accepted his signature on the cheque. (Para 7) "} .....