1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN JAIPUR BENCH, JAIPUR Jagdish Prasad Agrawal V/s. Agrawal Shoes Company (S.B. Criminal Misc. Petition No.1184/2010) S.B. Criminal Misc. Petition under Section 482 of Criminal Procedure Code Date of Order :: July 12, 2010 HON'BLE MR.JUSTICE R.S.CHAUHAN Mr. Lokesh Sharma for the Petitioner. Mrs. Alka Bhatnagar PP for the State. The petitioner has challenged the order dated 17.02.2010 passed by the Additional Civil Judge (Senior Division) & Additional Chief Judicial Magistrate No.10, Jaipur City, Jaipur, whereby the learned Magistrate had rejected the application filed by the petitioner wherein the petitioner had prayed that certain documents should be sent to Forensic Science Laboratory for examination. The petitioner has also challenged the order dated 8th April, 2010 passed by the Additional District & Sessions Judge, (Fast Track) No.5, Jaipur City, Jaipur whereby the learned Judge has upheld the order dated 17.02.2010. It is the case of the petitioner that the respondent, Agarwal Shoes Company, had filed a complaint under Section 138 of the Negotiable Instrument Act against the petitioner on 2 the ground that a cheque issued by the petitioner was dishonored. One of the defences taken by the petitioner was that Atmaram, one of the directors of the company, had in fact submitted a form for opening of the account. Moreover, a cheque book had also been issued to the petitioner on the basis of the form submitted by Atmaram. However, when Atmaram was asked a question with regard to these facts, according to the learned counsel for the petitioner, he denied the same. Subsequently, the Bank Manager was examined as D.W.1. The Bank Manager, in his testimony, stated that the account to which the cheque related to, was certainly opened at the instance of Atmaram. Therefore, in order to disprove that denial of Atmaram, an application was filed seeking permission that the application submitted by Atmaram, for opening of the bank account, the receipt whereby the amount was deposited for opening of the bank account, the application for issuance of the cheque book, these documents be sent to the Forensice Science Laboratory in order to prove that these documents contained Atma Ram's signature. However, vide order dated 17.02.2010, the learned trial Court dismissed the said application. Thereafter, the petitioner filed a revision petition before the learned Judge. The learned Judge, vide its order dated 08.04.2010 dismissed the said revision petition and has confirmed the order dated 17.02.2010. Hence, this petition before this Court. 3 The learned counsel for the petitioner has vehemently contended that in order to create doubt about the creditworthiness of Atmaram, it is imperative that the documents mentioned above should be sent for examination to the FSL. According to him, in case the witness can be discredited on one point, his testimony become highly doubtful on every point. Heard the learned counsel for the petitioner and perused the impugned order. The contention raised by the learned counsel is misplaced. For, one of the principles of criminal jurisprudence is that once a liar is not always a liar. Therefore, even if the denial of Atmaram can be disproved, it would not create doubt about the bulk his testimony. The issue whether the account was opened by Mr. Atmaram and the cheque book was issued upon his instance, is a rather irrelevant issue. Therefore, this Court does not find any cogent reasons for setting aside the impugned orders dated 17.02.2010 and 08.04.2010. However, it is clarified that any observation made by this Court should not influence the decision of the learned trial Court. The learned trial Court is expected to assess the evidence and to appreciate the same in accordance with law. The petition is, hereby, dismissed. (R.S.CHAUHAN)J. 4 A.Asopa/-