R. MURUGANANTHAN Vs. VASUDEVAN

JUDGEMENT

(1.) This Criminal Original Petition has been filed challenging the order passed by the Court below dismissing the application filed by the petitioner under Section 45 of the Evidence Act, wherein, the petitioner wanted the cheque in question to be sent for expert opinion.

(2.) The respondent has filed a complaint against the petitioner for an offence under Section 138 of the Negotiable Instruments Act. The respondent examined himself as PW-1 on 05.01.2019 and he was not cross examined by the petitioner. Thereafter, the Bank Manager was examined as PW-2 on 08.08.2019 and the Bank Manager was also not cross examined by the petitioner. The petitioner filed an application under Section 45 of the Evidence Act, to sent the subject cheque to get an expert opinion on the ground that the petitioner never signed the cheque and it was not given by him to the respondent.

(3.) The Court below has dismissed the application mainly on the ground that no reply notice was given by the petitioner for the notice issued by the respondent before initiating the proceedings. That apart, the petitioner had only taken a stand only while questioning that he did not issue the cheque to the petitioner and he did not even have an account with the concerned Bank.