PRIYA Vs. STATE OF KERALA & ORS.

JUDGEMENT

(1.) The revision petitioner was convicted and sentenced concurrently by the courts below under section 138 of the Negotiable Instruments Act (in short, 'the N.I.Act').

(2.) Heard both sides.

(3.) The learned counsel for the petitioner has submitted that even though the petitioner had filed C.M.P. No.4158/2012, praying for forwarding Ext.P1 cheque to the handwriting expert for comparison of the handwriting in Ext.P1 cheque with the specimen handwriting of the accused, the court below dismissed the said C.M.P., denying opportunity to the petitioner to prove the handwriting in the cheque and in the said circumstances, the conviction and sentence passed by the courts below cannot be sustained.