AYYANAR Vs. P.TAMILSELVI

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, to send the cheque for expert opinion and to determine the handwriting found in the cheque.

(2.) The petitioner is facing trial before the Court below for an offence under Section 138 of the Negotiable Instruments Act. The complaint was taken on file in the year 2016. During the course of the proceedings, the petitioner filed a petition to send the cheque for expert opinion on the ground that the signed blank cheque in fact was given as a security and the body of the cheque has been filled by the respondent and the cheque has been misused. Therefore, in order to find out the handwriting found in the body of the cheque, the petitioner wanted the cheque to be sent for expert opinion.

(3.) The Court below while dealing with the petition has held that the petitioner has accepted the signature found in the cheque and he has disputing the handwriting that is found in the body of the cheque and therefore even if it is found that the handwriting found in the cheque is not that of the petitioner, the same cannot be taken as a ground since even an iinchoate instrument can be filled up by the respondent and the petitioner can be prosecuted under Section 138 of the Negotiable Instruments Act. On this ground, the Court below has proceeded to dismiss the petition.