Complainant herein has filed case u/s. 138 of Negotiable Instruments Act against the accused. Accused was served with notice of accusation. During the course of evidence accused contended that, complaint is based upon manipulated cheque which was never issued rather it was misappropriated by complainant from the office of accused. Accused filed application for examination to determine/ ascertain the age of ink and writing of cheque.
The application was resisted by complainant that, application has been filed as a dilatory tactics. Complainant pointed out that, accused has already taken plea that, cheque has been obtained as security.
In the present matter court is of the view that, application sans merits. The application was not maintainable at this stage as the case is fixed for cross-examination of complainant and accused cannot adduce the evidence through forensic lab report. The defence counsel has not put up case in cross-examination that he misappropriated the cheque by taking it from possession of accused. The accused did not deny his signature on cheque. Accused neither stated about the date or period when cheque was stolen nor he made any complaint to police.
Accused did not give any plausible reason for sending the cheque for chemical test to determine the age of ink and cheque writing, therefore application dismissed.
Deepak Walia vs. State, CRR-396-2021, Punjab