GOTTIPATI VENU GOPAL Vs. GADDAM VIJAY KUMAR

JUDGEMENT

(1.) The instant petition has been filed under Sec. 482 of the Code of Criminal Procedure 1973, for quashing the Order dtd. 20/1/2020, passed by the learned Special Judicial Magistrate of First Class for trial of Prohibition and Excise offences, Nellore[Hereinafter, trial court"] in Crl. M.P. No.9 of 2020 in C.C.No.282 of 2016, whereby, the application moved by the petitioner/accused for sending the cheque in question to the expert, for determination of age of the ink, has been dismissed. Procedural History

(2.) The petitioner herein was the accused and the Respondent was the complainant before the trial Court.

(3.) The petitioner is facing trial in a private complaint, filed by the respondent herein for the offences punishable under Sec. 138 of Negotiable Instruments Act, 1881[Hereinafter, "N.I. Act"]. After submitting written arguments on behalf of both parties, petitioner moved an application for sending the cheque in question to an expert, for the purpose of determining the age of the writing in terms of the signature. The petitioner's stand for such a plea is that cheque and promissory note were procured by his brother-in-law relating to his contract work at Madhya Pradesh in the year 2007 and have been misused by him, through the complainant in the year 2012. Arguments Advanced at the Bar