Punjab-Haryana High Court
Bhagirath vs Daya Nand on 29 January, 2019
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM-M-12499-2018 (O&M) Date of decision:29.01.2019
Bhagirath …..Petitioner
versus
Daya Nand ….Respondent
CORAM: Hon’ble Mr. Justice Kuldip Singh
It comes out that in a complaint under Section 138 of Negotiable Instrument Act, accused had taken a plea that the complainant has interpolated the figures of the year written in the cheque from 2013 to 2014. For this purpose, he examined the expert namely Anil Kumar Gupta. The 1 of 2 said expert was cross-examined by counsel for the complainant with the help of another expert. Now the complainant wants to examine said Handwriting Expert in additional evidence.
I am of the view that allegations are of interpolation of the year which could be visible to naked eye. Therefore, examination or cross- examination of expert by the complainant will be useless exercise. In case of interpolation of the year, the Court is always at liberty to examine the same independent of the opinion given by the expert to see whether there is any interpolation or not.
Accordingly, petition is dismissed. However, trial Court shall always be at liberty to itself examine the documents to see whether there is an interpolation of the year or not.