SHUBHWATI vs ALKA RASTOGI

Judgment text excerpt

$~37 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision:18th July, 2025 + CRL.M.C. 4720/2025, CRL.M.A. 20458/2025 SHUBHWATI W/o Sh. Satya Pal Goswami R/o 4/4, Flat D2, Sector 5, Rajender Nagar, Sahibabad, Ghaziabad, U.P. .....Petitioner Through: Appearance not given. versus ALKA RASTOGI W/o Late Shri Ashok Kumar R/o House No.941, Top Floor, HIG Category, Vikas Kunj, Vikaspuri, New Delhi-110018. .....Respondent Through: Appearance not given. CORAM: HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA J U D G M E N T (oral) 1. Petition under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as “Cr.P.C.”) and 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023 (hereinafter referred to as “BNSS”) read with Signature Not Verified Digitally Signed By:ANIL KUMAR BHATT Signing Date:21.07.2025 CRL.M.C. 4720/2025 Page 1 of 6 18:05:34 Article 226 of the Constitution of India has been filed on behalf of the Petitioner for setting aside of the Order dated 19.05.2025 vide which the learned ASJ in Criminal Revision has upheld the Order of the learned JMFC dated 21.09.2024, whereby the Application of the Petitioner for examination of Handwriting by the Expert has been dismissed in a Complaint Case under Section 138 Negotiable Instruments Act, 1881 (hereinafter referred to as “NI Act”). 2. Briefly stated, the Complainant/Respondent had filed a Complaint under Section 138 NI Act. At the stage of Defence Evidence, the Petitioner/Accused moved an Application under Section 243 Cr.P.C. praying for appointment of Handwriting Expert on the ground that she had never signed the impugned cheque. The Trial Court, however, dismissed the Application vide Order dated 21.09.2024 and closed the opportunity of the Accused/Petitioner to adduce evidence. 3. Aggrieved the Revision Pe