AMARNARAYANA BABU Vs. SARASWATHAMMA

JUDGEMENT

(1.) THE petitioner herein is alleged in respect of the offence punishable under Section 138 of the Negotiable Instruments Act on the complaint of the respondent herein.

(2.) THE essence of the allegation was, the accused in respect of hand -loan availed by him issued a cheque for Rs. 4 lakhs, which on presentation bounced with the endorsement "funds insufficient". The accused on appearance pleaded not guilty of the accusations framed by the Court. The complainant entered into trial; after the evidence of the complainant, the statement of the accused under Section 313 of Cr.P.C. was recorded and the accused also adduced evidence. At the time of the arguments, he filed an application under Section 45 of the Indian Evidence Act to send the cheque in question to Forensic Laboratory to find out whether the contents of the cheque in question and a certified copy of another cheque, which is the subject matter in another case initiated by the very same complainant, is in the same handwriting. The application was contested and the learned Magistrate rejected the application by observing that the accused had taken up a stand that he had issued the cheque five years back to the husband of the complainant and the said cheque was blank when he issued the same. To establish the said fact, he can produce the cheque book, the record slip or his bank account extract.

(3.) SRI . N. Devaraj, learned Counsel appearing for the respondent/complainant in reply submits that, the application is filed by the accused at the fag end of the trial as a delay tactics. After the Trial Court rejected his application, the accused examined two of his witnesses and thereafter has filed the present petition before this Court and it is not a fit case which warrants intervention of this Court under Section 482 of Cr.P.C., since the Trial Court has considered all the contentions of the accused.