Chhaviram Sharma vs Uco Bank Branch Sukalhari Teh ...
2023 Latest Caselaw 7574 MP

                                 1
 IN     THE      HIGH COURT OF MADHYA PRADESH
                       AT GWALIOR
                          BEFORE
       HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                       ON THE 9 th OF MAY, 2023
              MISC. CRIMINAL CASE No. 15125 of 2023

BETWEEN:-
CHHAVIRAM SHARMA S/O SHRI LAKHURAM SHARMA,
AGED ABOUT 50 YEARS, OCCUPATION: AGRI VILLAGE
PUTTI TEH DABRA (MADHYA PRADESH)

                                                             .....PETITIONER
(BY SHRI H.K. SHUKLA - ADVOCATE)

AND
UCO BANK BRANCH SUKALHARI TEH DABRA
DISTRICT GWALIOR THE BANKING COMPANIES
EXECUTION AND TANSFER OF UNDERTAKING ACT 1970
RECOGNIZED BANKING INSTITUTION HEAD OFFICE OF
10 BRAVARNA ROAD MANAGER KOLKATA S/O RAJESH
BABU GUPTA, AGED ABOUT 38 YEARS, UCO BANK
BRANCH SUKALHARI TEH DABRA (MADHYA PRADESH)

                                                            .....RESPONDENT
(BY SHRI A.K. MANGAL - ADVOCATE )

      This application coming on for hearing this day, the court passed the

following:
                                  ORDER

This petition is filed by the petitioner under Section 482 of Cr.P.C. aggrieved by the order passed by J.M.F.C., Dabra, Gwalior in private complaint case No.154/2019 dated 13.03.2023 by which his application under Section 45 of the Evidence Act to examine the signature by expert has been rejected by order dated 13.03.2023 against which complaint u/s 138 of Negotiable Instruments Act has been filed. He preferred an application that in the cheque his signature has not been affixed. He wants to get it verify from handwriting

expert.

Learned counsel for the respondent No.1 submits that no need to examine the cheque by handwriting expert. In support of his contention he has filed a judgment reported in M.P.WN 60 in the case of Sharafat Khan Vs. The Assistant Manager, Central Bank of India.

Heard the learned counsel for the parties. Having heard the learned counsel for the parties and on perusal of the record and in the light of the decision of the aforesaid case law, the learned Court below has not erred in rejecting the application of the petitioner filed u/s 45 of Evidence Act.

Accordingly, the petition is dismissed.

(DEEPAK KUMAR AGARWAL) JUDGE mani

Digitally signed by SUBASRI MANI DN: c=IN, o=HIGH COURT OF MADHYA

SUBAS PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474001, st=Madhya Pradesh, 2.5.4.20=4b80d075e6ee8e3334ea900daffef

RI MANI 94852390562efcaf7cdb4d94b8fc0be1414, pseudonym=E7C0C70D17E5C27BC949540 C564953CAC4239A94, serialNumber=CA216CA75EF9E38C3785C8 BBE6486F7003C0B639E6EA08F81ACF6008 89A329F3, cn=SUBASRI MANI Date: 2023.05.10 18:37:10 -07'00'