CHAVA AJAY KUMAR Vs. Y RANI

JUDGEMENT

(1.) THIS revision is filed by the petitioner/accused under Section 397 and 401 Cr.P.C. aggrieved by the order dated 20.01.2014 in Crl.M.P.No.78 of 2014 in C.C. No.325 of 2013 on the file of XIV Special Magistrate, Hyderabad under which the petition filed by the petitioner under Section 45 of Indian Evidence Act to send certain documents to handwriting expert was dismissed.

(2.) SUBJECT matter of the petition is that the petitioner who is accused in a private complaint filed by the respondent for the offence punishable under Section 138 of Negotiable Instruments Act. During the pendency of the complaint case, the accused filed a petition under Section 45 of the Indian Evidence Act praying to send Exs.P -1 and P -3 cheque and postal receipt to handwriting expert along with specimen signatures of the petitioner/accused for comparison and opinion with regard to correctness of signature on Ex.P -1 and P -3 stating that the accused lost his cheque book in car hired by him of which the husband of the complainant was the driver -cum -owner of the car which was engaged by the accused to go to Khammam. The respondent/complainant opposed the same contending that if the signature not tallied in the cheque with that of the accused the bank authorities would have returned the same, but the cheque was returned as "account closed" and hence the petition is liable to be dismissed.

(3.) AFTER perusal of the material on record and after hearing both sides, the trial Court dismissed the petition on the ground that the accused did not choose to inform his bank that he lost the cheque book and asking the bank to stop payment in case of presentation of the cheques in the cheque book which was said to be lost by the accused and hence he isnot entitled to seek the relief asked in the petition. Against the same the revision is filed on the ground that the learned Judge failed to appreciate that the accused never issued any cheque to the complainant for discharge of his legal enforceable debt, that the petition was filed immediately after the evidence of P.W -1 to refer the signatures of the petitioner on Ex.P -1 and P -3 and prayed to allow the revision by setting aside the order of the trial Court. Now, the points that arise for consideration are