SANTHOSH MATHEW Vs. SANTHOSH

JUDGEMENT

(1.) This petition is filed under Sec. 482 of the Code of Criminal Procedure, 1973 ( for short 'Cr.P.C') seeking to quash orders passed by Judicial First Class Magistrate -II, Pala in CMP No. 19/2022 in ST No. 1/2017.

(2.) By the above order, the court below has dismissed the application filed by the petitioner under Sec. 311 Cr.P.C seeking to forward the disputed cheque which formed the basis for the prosecution, for getting expert opinion on authorship of the handwritings by which it's entries are filled up.

(3.) According to Sri. R. Parthasarathy, the court below has gone wrong in dismissing the application. According to him, getting expert opinion on authorship of handwritings is very much required for the petitioner to rebut the presumption on execution of the cheque.