Page No.# 1/5 GAHC010056242019 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Rev.P./112/2019 DIPAK BISWAS S/O LT. KHITISH BISWAS, R/O C.K. DAS ROAD, P.O. AND P.S.-TEZPUR, DIST- SONITPUR, ASSM, PIN-784001 VERSUS THE STATE OF ASSAM AND ANR. REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM 2:RAJENDRA KR. ROY S/O GANESH CH. ROY R/O VILL-NICHILAMARI P.O. AND P.S.-ORANG DIST-UDALGURI B.T.C. ASSAM PIN-78411 Advocate for the Petitioner : MR A D CHOUDHURY, MR. D CHOUDHURY,MR. P DUTTA Advocate for the Respondent : PP, ASSAM, MR. N MAHAJAN,MR. D BORA,MR N J DAS Page No.# 2/5 BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR ORDER Date : 06.11.2025 Heard Mr. T. Chakraborty, learned counsel for the petitioner. Also heard Mr. D. Bora, learned counsel, appearing for the respondent. 2. The present revision petition has been instituted assailing the order dated 24.01.2019, passed by the learned Chief Judicial Magistrate, Udalguri (BTAD), in N.I. Case No.04/2017, rejecting the petition, being petition no.689, instituted by the petitioner, herein, praying for sending the original cheque for Scientific Examination with regard to contents of the cheque i.e. the amount entered, therein and the date. The petitioner before the learned Trial Court had projected that he had admitted only to his signature in the cheque, but had not admitted to the other writings incorporated in the cheque, which he contended was so done by the respondent, herein. 3. The learned Trial Court vide order dated 24.01.2019, on noticing that the petitioner, herein, had admitted his signature on the cheque, proceeded to reject the prayer of the petitioner for sending the cheque, in question, for Scientific Examination as noticed, hereinabove. 4. Mr. T. Chakraborty, learned counsel for the petitioner, herein, submits that the petitioner as the accused in the reply to the notice issued under Sub Section (b) of Section 138 by the respondent, herein, had responded thereto, by stating in categorical term that the cheque, in question, was issued as a security cheque covering a loan of Rs.20,000/- (Rupees Twenty Thousand) and the cheque, in question, was Page No.# 3/5 manipulated by the respondent and an amount of Rs.9,16,200/-(Rupees Nine Lakhs Sixteen Thousand Two Hundred) came to incorporated, therein, along with the incorporation of the date of the cheque, in question. He further submits that the manipulations in the cheque as alleged can only be determined by a Scientific Examination and accordingly, the petitioner, herein, had instituted the petition, being petition no.689, before the Trial Court which was rejected vide the order dated 24.01.2019. He prays that the stand of the petitioner as noticed, hereinabove, being one of manipulation of cheque, in question, and incorporation, therein, of an amount beyond what was actually, legally due to the respondent, a Scientific Examination of the writings in the cheque, would be called for. 5. Per Contra Mr. D. Bora, learned counsel for the respondent has submitted that the prayer as made by the petitioner, herein, before the learned Trial Court vide the petition no.689 is only with a view to delay the proceedings before the Trial Court and the signature of the petitioner, herein, having been admitted by him before the learned Trial Court, no further Scientific Examination of the said cheque is called for. 6. In response to a query made by this Court as to whether the writings in the cheque were made by the respondent, herein, Mr. Bora, submits that the writings in the cheque were made by the petitioner, herein. 7. In view of the above position and the writings in the cheque being disputed by the parties, and the respondent, herein, having contended the writings in the cheque, in question, to have been so made by the Page No.# 4/5 petitioner, herein, this Court is of the considered view that the writings in the cheque would mandate to be examined scientifically. Accordingly, the order dated 24.01.2019, stands set aside. 8. The learned Trial Court is directed to send the original of the cheque bearing no.560872, drawn on State Bank of India, Dhekiajuli, Branch, dated 11.07.2017, for an amount of Rs.9,16,200/-(Rupees Nine Lakhs Sixteen Thousand and Two Hundred only) issued by the petitioner, herein, in favour of the respondent, to the handwriting expert in the Establishment of the Directorate of Forensic Science Laboratory, Assam, Kahilipara, for examination of the writings, therein. The expenses for carrying of the Scientific Examination of the disputed cheque would be borne by the petitioner and the same shall be quantified by the learned Trial Court on appearance of the parties before it 9. The parties to appear before the learned Trial Court positively on 17.11.2025, and the learned Trial Court shall comply with the procedure required to be followed while sending the cheque, in question, to the Directorate of Forensic Science Laboratory, Assam, Kahilipara, for Scientific Examination. It is stipulated that samples of the handwriting of both the petitioner and the respondent, shall be taken by the learned Trial Court and sent for comparison of the same with the writings in the cheque, by the expert. 10. The Directorate of Forensic Science Laboratory, Assam, Kahilipara, shall ensure that the opinion with regard to the issue raised, would be answered and send to the Court of the learned Chief Judicial Magistrate, Page No.# 5/5 Udalguri, BTAD, expeditiously. 11. With the above observations and directions the present petition stands disposed of. JUDGE Comparing Assistant