Sri. T. R. Sathish vs Sri. G. Shantharaja
2023 Latest Caselaw 1389 Kant

                                                  -1-
                                                            CRL.P No. 295 of 2023




                           IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                             DATED THIS THE 17TH DAY OF FEBRUARY, 2023

                                                BEFORE
                                 THE HON'BLE MR JUSTICE K.NATARAJAN
                                 CRIMINAL PETITION NO. 295 OF 2023
                      BETWEEN:

                      1.   SRI. T. R. SATHISH
                           S/O. RUDRAPPA. V,
                           AGED ABOUT 53 YEARS,
                           WORKING IN PRIVATE ESTABLISHMENT,
                           TAVAREKERE,
                           CHANNAGIRI TALUK,
                           DAVANAGERE DISTRICT-577 213,

                           ALSO R/AT VAGDEVI,
                           NEAR THE HOUSE OF JAGADEESH (STAMP VENDOR),
                           NEAR RAILWAY COMPOUND,
                           2ND CROSS, BASAVANAGUDI,
                           SHIVAMOGGA CITY-577 201.

                                                                     ...PETITIONER
                      (BY SRI. SRIKANTH N V.,ADVOCATE)

                      AND:

Digitally signed by   1.   SRI. G. SHANTHARAJA
SHOBHA C
                           S/O. NARASAPPA,
Location: High
Court of Karnataka         AGED ABOUT 55 YEARS,
                           R/AT RENUKAMMA NILAYA,
                           3RD CROSS, BASAVA KENDRA ROAD,
                           A.N.K. ROAD,
                           VENAKTESHA NAGARA,
                           SHIVAMOGGA CITY-577 201.

                                                                    ...RESPONDENT
                      (BY SRI. UMESH B N.,ADVOCATE)
                                -2-
                                         CRL.P No. 295 of 2023




      THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF
CR.P.C. PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED
02.12.2022 PASSED BY THE IV ADDITIONAL CIVIL JUDGE AND
J.M.F.C., SHIVAMOGGA IN C.C.NO.1956/2019.

     THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE
COURT MADE THE FOLLOWING:
                            ORDER

This petition filed by the petitioner/accused under section

482 of Cr.P.C for quashing the order of the Magistrate for

dismissing the application under section 45 of the Indian

Evidence Act for referring the cheque in question to the

Forensic Science Lab in C.C.No.1956/2019 pending on the file

of Additional Civil Judge and JMFC, Shivamogga.

2. Heard the arguments of learned counsel for the

petitioner and learned counsel for respondent.

3. Learned counsel for petitioner contended that the

cheque has been presented by the respondent and filled by

complainant for stop payment and there was a question

imposed on the respondent that the cheque was filled up by the

complainant and not filled up by the petitioner. In order to

prove the said contention, he has filed application for referring

CRL.P No. 295 of 2023

the cheque in question to the FSL, to know the age of the ink in

the contents of the cheque, but the application came to be

rejected. Hence, the petitioner is before this court and

contended that, referring the matter to the FSL and getting the

opinion is very much necessary for the court to decide the

issue, hence prayed for allowing the petition.

4. Per contra learned counsel for respondent objected

the same.

5. Having heard the arguments and perused the record,

ofcourse the learned counsel for the petitioner relied upon the

judgment of the single bench of this court reported in 2010 (1)

KCCR 683 in case of A.N.Venugopala Gowda J., Shri Iswar

Vs Sri. Suresh in Crl.P.No.7723/2009 dated 06.11.2009

wherein it was held that the valuable right of the accused shall

not be denied in order to rebut the presumption in favour of the

complainant . However, learned counsel for respondent relied

upon the judgment of Hon'ble Supreme Court reported in 2019

SCC Online SC 138 2019 SCC Online 138 (AIR 2019 SC

CRL.P No. 295 of 2023

2446 : 2019, Bir Singh Vs Mukesh Kumar), where the

Hon'ble Supreme Court has held the presumption as to legally

enforceable debt, the rebuttal of signed blank cheque, if

voluntarily presented to payee towards the payment, payee

may fill up the amount and other particulars, that itself would

not invalidate the cheque. The onus would still be on the

accused to prove the cheque was not issued for discharge of

debtor liability by adducing evidence.

6. Considering the judgment of the Hon'ble Supreme

Court stated supra, coming to the evidence of the respondent

counsel and the cross examination made by the learned

counsel for the petitioner which reveals there is no denial of

issuance of cheque and signature of the petitioner on the

cheque. He is only disputing the contents of the cheque and

the loan said to be borrowed in the year 2016. Subsequently

there was transaction between both the parties and finally in

the year 2019, the cheque said to be issued by the accused.

There is no foundation laid by the petitioner counsel to say the

cheque was stolen or signature was forged by the complainant.

CRL.P No. 295 of 2023

Such being the case, the question of referring the cheque to

the FSL for getting opinion on the contents of the cheque other

than the signature is not useful to the petitioner in view of the

judgment of Hon'ble Supreme Court in the above said case.

Therefore, petition is devoid of merits.

Accordingly, petition is dismissed.

Sd/-

JUDGE