ANU KURIAN Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner is the sole accused in C.C.No.56/2022 on the files of the Judicial First Class Magistrate Court-II, Muvattupuzha. He challenges the order dtd. 19/4/2024 in CMP No.777/2023 in the aforesaid case whereby his application to send the cheque in question to a handwriting expert was dismissed by the learned Magistrate.

(2.) The complaint was filed by the respondent alleging offence under Sec. 138 of the Negotiable Instruments Act, 1881. The complainant alleged that the petitioner had issued a cheque for Rs.6,00,000.00 on 24/11/2017 in repayment of the amount borrowed by him and when the said cheque was presented for encashment, it was dishonoured with the memo 'funds insufficient". Subsequently after complying with the statutory requirements, a complaint was filed in the year 2018, which is now numbered as C.C.No.56/2022. After the evidence of the complainant was completed, a petition was filed on 18/11/2023 requesting to send the cheque for the opinion of the handwriting expert as petitioner contended that the writings on the cheque are not his and alleges the same to be that of the complainant. The learned Magistrate, by the impugned order, dismissed the said application after finding that the opinion of the handwriting expert cannot advance the case of the accused.

(3.) I have heard Sr.Ieans C. Chamakkala, the learned counsel for the petitioner as well as Smt.Sreeja V., the learned Public Prosecutor.