RAJAN V.G. Vs. JOSEPH MATHEW

JUDGEMENT

(1.) Petition has been filed under Section 482 Cr.P.C. against the order in CMP No.76/2016 in S.T.No.49/2011 dated 18.07.2016 on the file of the Judicial First Class Magistrate Court-II, Pala.

(2.) Petitioner is the accused in a Complaint filed, alleging commission of offence u/s. 138 of the Negotiable Instruments Act .The prosecution case is that the petitioner borrowed an amount of Rs.85,000/- from the first respondent on 15.03.2009 and in discharge of the liability the cheque in question was issued. On presentation of the cheque it is alleged that it is bounced for the reason that 'funds insufficient' and thereafter statutory notice was issued and the complaint was filed.

(3.) After taking cognizance notice was issued to the petitioner/accused and thereafter PW1 was examined from the side of the first respondent and Exts.P1 to P5 were marked. During the course of examination of PW1, he deposed that cheque was filled up and signed by the petitioner in his own handwriting and he witnessed the same. Thereafter CMP No.612/2013 seeking to send Ext.P1 cheque for expert opinion was filed and that was allowed by the learned magistrate and the cheque was sent for expert opinion and the Assistant Director of State Forensic Science Laboratory, Thiruvananthapuram forwarded report. Copy of which is produced as Annexure A2. According to the petitioner due to want of sufficient standard writings in Annexure A2, it is stated that no definite opinion can be formed as to the authorship of the questioned writings. So the petitioner filed a petition seeking to remit back Annexure A2 report for further examination. But the learned Magistrate dismissed that petition by the impugned order. Hence the petitioner filed this Crl.M.C. seeking to set aside the order in CMP No.76/2016 in S.T.No.49/2011 dated 18.07.2016 on the file of the Judicial First Class Magistrate Court- II, Pala and remit Annexure A2 report to the State FSL for further report or to direct the learned Magistrate to reconsider Annexure A3 petition.