H M SATISH Vs. B N ASHOK

JUDGEMENT

(1.) THE revision petitioner / complainant is before this Court challenging the order dated 21. 7. 2006 made in CC No. 937/2005 on the file of JMFC at Mudigere.

(2.) THE Learned Counsel appearing for the revision petitioner/complainant submitted that no evidence was adduced by the accused but he filed an application under Sec. 45 of the evidence Act (in short, 'the Act') to refer the cheque in question viz. Ex. P - 1 to hand writing expert for opinion whether the signature on the cheque is that of the accused or not. The complainant objected the application. But the Learned Magistrate allowed the application to refer the cheque in question to a hand writing expert.

(3.) THE Learned Counsel appearing for the resondent/accused submitted that the cheque in question is one of the two cheques he lost and his signature is forged and there is no illegality or infirmity in the impugned order.