Order of sending cheque to FSL
Read the application. Heard the Learned Advocates for the parties.
The present application is filed by the accused disputing the fact that he has not signed the cheque (exhibit___). The accused has stated in this application that signature in cheque (exhibit_____) is not of him. He has further stated that he is ready to get it examined by the hand writing expert. He is also ready to pay necessary charges for getting it examined through hand writing expert by FSL.
Learned Advocate for the accused has submitted that his client has not made any signature on the cheque (exhibit__). At the time of exhibiting the documents he has also raised objection for exhibiting the same. He is ready to pay the amount for getting it examined by the hand writing expert. He is also ready to give his necessary specimen signature before the court, therefore, this application be allowed and the cheque be sent for verification of signature before FSL.
Learned Advocate for the complainant has vehemently opposed this application. He has submitted that document (cheque exhibit___) has been exhibited by the court. The accused has also not replied the notice issued by his client. The accused has handed over cheque to his client for discharge of his debt by making his signature on the cheque. Just to prolong the proceedings the accused has put forth false defense and filed the present application. Therefore, the same be dismissed by imposing heavy cost.
Perused the record. Accused has not replied the notice of return of cheque. In cross-examination of the complainant accused has taken a defense that he has not made any signature in the cheque in question. As per the view of this court, it would not come in the way against the accused by merely not replying the notice issued by the complainant. He has taken the defense in the cross-examination, therefore, it is just an appropriate to reach at correct conclusion, if the cheque in question be sent for verification of the signature of the accused. Therefore, the following order is passed.
Order
The present application is allowed. Accused is directed to pay the requisite fees of FSL for examination of cheque through hand writing expert.
Accused is directed to deposit Rs._____ before this court for examination of cheque through hand writing expert. Accused is further directed to give his 36 specimen signature in presence of this court.
On payment of money and with prior communication with FSL registry is directed to send the original cheque, preserving the certified copy in the record, along with the 36 specimen signatures of the accused before the FSL.
Date________ JMFC_________
Place________