THOMAS, S/O.JOSEPH Vs. ABHILASH C.S

JUDGEMENT

(1.) THIS Criminal Miscellaneous Case is filed by the petitioner challenging the order of dismissal passed by the Judicial First Class Magistrate Court -II, Ettumanoor in CMP.No.149/2014 in ST.No.120/2013 pending before that court under Section 482 of the Code of Criminal Procedure.

(2.) IT is alleged in the petition that the petitioner has been arrayed as the accused in ST.No.120/2013 pending before the Judicial First Class Magistrate Court -II, Ettumanoor, which was taken on file on the basis of a private complaint filed by the first respondent alleging offence under Section 138 of the Negotiable Instruments Act. The case of the complainant in the complaint was that the petitioner had some business transaction with him and in discharge of that liability, the petitioner/accused had issued the disputed cheque and he had denied the issuance of he cheque as claimed by the 1st respondent. The petitioner's case was that he had given a blank signed cheque which was misused by the complainant and no such amount is due from him. When the complainant was examined as PW1, he had admitted that the hand writing in the cheque was in the handwriting of the accused and accused had brought the filled up cheque and singed the same in his presence. According to the petitioner, the writings in that cheque were not that of the accused and he had not admitted the execution of the cheque, as such. In order to prove that fact, he filed C.M.P.No.149/2014 for sending the disputed cheque for expert opinion. Even in the objection filed by the first respondent, his case was that it was written in the handwriting of the accused and according to him, issuance of the cheque has not been disputed and the signature in the cheque has been admitted. So it is not necessary to send the cheque for expert opinion and the learned Magistrate, accepting that contention, rejected the application by passing Annexure -A5 impugned order, which is being challenged by the petitioner by filing this petition.

(3.) HEARD the counsel for the petitioner, first respondent and the learned Public Prosecutor.