T VIJAYA RAMACHANDER Vs. M SATYANARAYANA, KHAMMAM DT

JUDGEMENT

(1.) THIS Criminal Petition is filed under Section 482 Cr.P.C. challenging the Order dt.19 -01 -2015 in Crl.M.P.No.114 of 2015 in C.C.No.651 of 2013 on the file of Special Judicial Magistrate of First Class (Prohibition and Excise Cases), Khammam.

(2.) THE petitioner is an accused in C.C.No.651 of 2013 filed by the respondent against him alleging that petitioner had committed an offence punishable under Section 138 of the Negotiable Instruments Act, 1881. Petitioner filed Crl.M.P.No.114 of 2015 under Section 45 of the Indian Evidence Act to send the dishonoured cheque Ex.P -1 and the pronote Ex.P -8 filed by the respondent to a handwriting expert for comparing signatures thereon with his admitted signatures on the vakalat, served summons and signatures on Section 313 Cr.P.C. statement of the petitioner.

(3.) BY Order dt.19 -01 -2015, the said application has been dismissed. The Court below held that the signatures of the petitioner are not similar even in the documents available before the Court and that the petitioner was wantonly changing his signatures from time to time as per his convenience and it will be unsafe to send the same to the handwriting expert.