ARAVINDAKSHAN NAIR Vs. ESSEN BANKERS

JUDGEMENT

(1.) The petitioner herein is the revision petitioner / accused in a prosecution under S.138 of the Negotiable Instruments Act, 1881. The request of the petitioner in this petition is to get the disputed signature in Ext. P10 compared with the admitted signatures of the petitioner by a handwriting expert of the Forensic Science Laboratory, Thiruvananthapuram.

(2.) The case of the first respondent / complainant who is a money lender is that the accused borrowed a sum of Rs. 4.25 lakhs as evidenced by Ext. P10 voucher dated 09/04/1999 and towards discharge of the said liability the accused issued Ext. P4 cheque dated 14/03/2002 for Rs. 6,10,000/- and on presentation of the cheque in the drawee bank it bounced.

(3.) The revision petitioner inter alia took up the stand that in relation to certain previous transactions with the complainant bank, five blank cheques were taken by the complainant from the revision petitioner and Ext. P4 cheque is one of those cheques and the signatures in Ext. P10 voucher as well as Ext. P4 cheque were forged.