P PANDARINATH Vs. N JAYA LAKSHMI

JUDGEMENT

(1.) THIS Criminal Revision Case under Sections 397 and 401 of the Code of Criminal Procedure, 1973 (for short, 'Cr.P.C') is filed by the revision petitioner herein challenging the order dated 26.04.2008, passed by the IX Additional Chief Metropolitan Magistrate, Hyderabad, in C.C.No.2462 of 2005.

(2.) THE revision petitioner herein is the accused and respondent herein is the complainant in C.C.No.2462 of 2005 before the trial Court. For the sake of convenience, the parties hereinafter will be referred to as they are arrayed in the C.C. before the trial Court.

(3.) PETITIONER filed Crl.M.P.No.813 of 2008 under Section 45 of the Evidence Act seeking relief of sending Exs.P1 and P2, i.e., pronote and cheque to the handwriting expert to compare the age of ink of signatures of the petitioners on the ground that petitioner never executed the pronote and cheque and the said documents are fabricated and created by the respondent -complainant and the petitioner gave the pronote to one Pratap who is none other than the son -in -law of the respondent -complainant as security, the said Pratap in collusion with the first respondent with malafide intention fabricated the pronote and cheque and filed this false complaint. Therefore, the documents are necessarily be send to the expert for opinion.