K.S. SAJUMON Vs. STATE OF KERALA

JUDGEMENT

(1.) THE revision petitioner is the accused in C.C. No. 670/2013 before the Judicial First Class Magistrate Court No. IV, Ernakulam. The offence alleged against him is punishable under Section 138 of the Negotiable Instruments Act. Evidence on both sides was recorded in detail by the learned Magistrate during trial. By way of defence evidence the accused examined himself with the permission of the court under Section 313 Cr.P.C. Of course his wife was also examined, but her evidence is negative. Any way, evidence in detail was recorded on both sides. At the fag end of trial, the accused made an application as C.M.P. No. 42/2014 with request to send the disputed cheque for expert examination. His case is that his signature was in fact forged by the complainant.

(2.) THE learned Magistrate heard both sides in detail, and passed orders on 13.5.2014, dismissing the said application. The said order is under challenge in this revision.