P. SRINIVASACHARI Vs. P. R. MALLIKARJUNA

JUDGEMENT

(1.) This criminal petition is filed by the petitioner-accused under Sec. 482 of Cr.P.C. for setting aside the order of dismissal dtd. 28/10/2022 passed on the application filed under Sec. 45 of Indian Evidence Act by the XXI Additional Chief Metropolitan Magistrate, Bengaluru, in C.C.No.1649/2021.

(2.) Heard the arguments of learned counsel appearing for the parties.

(3.) The case of the petitioner is that he is facing trial in C.C. No.1649/2021 pending on the file of the XXI Additional Chief Metropolitan Magistrate, Bengaluru, for the offence punishable under , on the ground that he is said to have issued a cheque to the respondent for Rs.3.00 lakhs, which came to be dishonourd and a complaint came to be filed by the respondent. It is the further case of the petitioner that during cross examination, the petitioner stated that he was taken to Upparpet Police Station on 20/3/2020 and by threatening him, his signature was obtained by the police on Rs.100.00 blank e-stamp paper, on the cheque and the complainant filed the complaint. As per the very statement made by the complainant in his examination-in- chief, the cheque was filled up by the accused and signed by him. The further case of the petitioner is that the cheque was not filled by him but signed by him on the pressure of the police in the police station, when he was taken to custody. Therefore, he filed an application for referring the cheque to FSL for verifying the hand writing on the cheque, which came to be dismissed. Hence, the petitioner is before this Court.