IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl.Misc.No.M-22024 of 2009 Date of Decision:- 12.08.2009 M/s.Gurpreet Trading Company and another ....Petitioner(s) vs. Baljit Singh ....Respondent(s) *** CORAM:- HON'BLE MR.JUSTICE AUGUSTINE GEORGE MASIH *** Present:- Mr.S.S.Chadha, Advocate, for the petitioners. *** AUGUSTINE GEORGE MASIH, J. (Oral) The present petition has been filed challenging the order dated 3.7.2009 passed by the Sessions Judge, Ferozepur on a revision petition preferred by the petitioner against the order dated 18.4.2009 passed by the Judicial Magistrate, Ist Class, Ferozepur, whereby the application preferred by the petitioner seeking permission for comparison of the writing on the body of the cheque in question with his own handwriting, from a Handwriting and Finger Prints Expert and further, for permission to lead defence evidence stands rejected. The said application was dismissed by the Court observing therein that the signatures of the cheque in question are not disputed by the petitioner who is a respondent in the complaint preferred under Section 138 of the Negotiable Instruments Act, 1881 and further that the complainant has specifically stated in his complaint in the cross- examination that the body of the cheque had already been filled in and the petitioner had only signed the cheques in his presence. In view of this fact, the Court had come to a conclusion that the application of the petitioner is Crl.Misc.No.M-22024 of 2009 -2- not bona fide as the same has been preferred with an intention to delay the proceedings. The observations made by the Courts below are in accordance with law as it is not the requirement of the law that the body of the cheque should also be in the hand-writing of the holder of the account especially when the fact that the cheque has been signed by him is not disputed by the person who had given the same. Finding no merit in the present petition, the same is dismissed. August 12, 2009 ( AUGUSTINE GEORGE MASIH ) poonam JUDGE