BABY THOMAS Vs. T T PAUL

JUDGEMENT

(1.) The petitioner faces indictment in a prosecution under Section 138 of the Negotiable Instruments Act. Proceedings were initiated as early as in 2002. The case has at last reached the stage of defence evidence. The petitioner filed an application to send the cheque to the Hand Writing Expert. That application was opposed by the complainant. The learned Magistrate, by the impugned order, a copy of which is produced as Annexure-C, dismissed the application holding that there is no bona fides and the attempt is only to drag on the proceedings.

(2.) Admittedly, the cheque is one issued in an account maintained by the petitioner with his bank. Admittedly, it bears the signature of the accused. Admittedly, the cheque is handed over by the accused to the complainant. Admittedly, it was handed over with the intention that the cheque can be presented for encashment. What then is the contention The learned Counsel for the petitioner contends that the blank signed cheque was handed over the same to the complainant with the intention that he may hand over to someone else to avail a loan for himself. It was never intended or contemplated that the complainant would enter his own name as a payee. This, in short, is the crux of the contention.

(3.) It is also vitally relevant to note that the notice of demand did not admittedly evoke any response. It is in this background that at the efence stage the petition was filed to forward the cheque to the expert.