Ashok Kumar vs State Of Rajasthan
2021 Latest Caselaw 10021 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Revision Petition No. 797/2018

Ashok Kumar, Son Of Shri Bhagwana Ram, B/c Arora, R/o Dhanmandi, Nai Mandi Gharsana, Tehsil Gharsana, District Sri Ganganagar.

----Petitioner Versus

1. State Of Rajasthan, Through P.P

2. Shivraj S/o Shri Munshi Ram, B/c Oad, R/o 3 Nm Dhani, Tehsil Anupgarh, District Sri Ganganagar.

                                                                  ----Respondents


For Petitioner(s)          :     Mr. S.K. Verma
For Respondent(s)          :     Mr. B.R. Bishnoi, AGC



            HON'BLE MR. JUSTICE SANDEEP MEHTA

                                  Judgment

05/07/2021

The instant revision petition has been preferred by the

petitioner Ashok Kumar for assailing the order dated 20.03.2018

passed by learned Addl. Sessions Judge, Anupgarh Camp

Gharsana, Disrtrict Sri Ganganagar whereby, the revision

preferred by the respondent No.2/accused was allowed and the

order dated 10.03.2017 passed by learned trial court i.e., Civil

Judge, Gharsana was set aside and it was directed that the

disputed cheque etc. shall be sent to the FSL for comparison of

the handwriting/signatures appended thereupon.

No one has appeared to contest the revision on behalf of the

private respondent No.2 despite service of notice.

(2 of 2) [CRLR-797/2018]

I have heard and considered the submissions advanced by

the petitioner's counsel and have gone through the impugned

order.

Suffice it to say that the complaint under Section 138 of the

N.I. Act came to be filed way back in the year 2010. For the first

time, in the year 2016, the respondent raised a plea in the trial

court disputing the signatures on the cheque in question. The trial

court rejected the application filed by the respondent under

Section 45 read with Section 73 of the Evidence Act by a well

reasoned order dated 10.03.2017 in which detailed consideration

was made of the circumstances indicating that the plea raised by

the respondent accused was highly belated and conjectural.

In this background, I am of the firm opinion that the

impugned order dated 20.03.2018 passed by the learned Addl.

Sessions Judge, Anupgarh Camp Gharsana is absolutely illegal

and contrary to record and hence, the same cannot be sustained.

Accordingly, the same is hereby set aside. The trial court is

directed to conclude the trial positively within next four months.

The revision petition is allowed in these terms.

(SANDEEP MEHTA),J 35-Sudhir Asopa/-

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