Balbhadra Prasad Mittal v. Natvarlal Agrawal

CRMP No. 527 of 2019 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRMP No. 527 of 2019 • Balbhadra Prasad Mittal S/o Banwari Lal Mittal Aged About 62 Years R/o Janjgir, P. S. And Tahsil Janjgir, District Janjgir Champa Chhattisgarh.

---- Petitioner

Versus

• Natvarlal Agrawal S/o Late Shri Harchandray Agrawal R/o Naya Baradwar, Tahsil Sakti, District Janjgir Champa Chhattisgarh.

---- Respondent For Petitioner :- Ms. Renu Kochar, Advocate For Respondent :- Shri Ratnesh Kumar Agrawal, Advocate For State :- Shri Ravi Bhagat, Dy.G.A.

Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 27/06/2019

1. Heard.

2. Both the Courts below have rejected petitioner's/accused's application for examination of the documents (cheque and promissory note) by hand-writing expert.

3. Admittedly, accused has admitted his signatures on both the documents. The attending circumstances in which his

CRMP No. 527 of 2019 signatures were obtained from him by the complainant are not germane for deciding the question as to whether the examination of the hand-writing expert would be necessary. That would be a matter of evidence to be laid by both the parties in course of trial. This Court cannot allow the parties to use the Court for collection of evidence for proving the contents as to under which circumstances it was written.

4. As long as accused admits his signature over both the questioned documents, prayer for examination of the documents by hand-writing expert could not be granted. There is no case for interference under Section 482 of Cr.P.C., therefore, the petition fails and is hereby dismissed. SD/- (Prashant Kumar Mishra) Judge Ayushi