M SADIQUE Vs. STATE

JUDGEMENT

(1.) The order under challenge in this petition is one at Annexure-III rendered by the Judicial First Class Magistrate Court, Mattannur on 18.07.2017 on C.M.P.No.2431 of 2017 in S.T.C.No.1538/13, whereby the application filed by the petitioner/accused for ascertaining the age of the writing in the cheque has been rejected by the trial court.

(2.) Heard Sri.Cibi Thomas, learned counsel appearing for the petitioner/accused and Sri.Saigi Jacob Palatty, learned Public Prosecutor for R1/State. In the nature of orders proposed to be passed in this case, notice to R2/complainant will stand dispensed with.

(3.) Petitioner is the accused for the offence punishable under Section 138 of NI Act in the above said complaint instituted by the 2nd respondent herein. The dishonored cheque dated 02.04.2013 is for Rs.7,00,000/-. The petitioner had submitted Annexure-II application as per C.M.P.No.2431/2017 in the above said complaint praying for the direction of the trial court to send the above said cheque for an expert opinion to ascertain the handwriting of the said cheque. The trial court as per the impugned order rendered on 18.07.2017 as per Annexure-III has rejected the said request. The reasoning are contained in paragraph No.4 of the impugned Annexure-III order which reads as follows:-