RAHUL PANDEY Vs. RAHUL SHUKLA

JUDGEMENT

(1.) This petition under section 482 of the Cr.P.C., 1973 has been filed to assail order dated 09.03.2016, passed by learned Sessions Judge, Mandla in Criminal Revision No. 15/2016, wherein the order dated 11.02.2016, passed by learned JMFC, Mandla in Criminal Case No. 333/2015, has been reversed and application under Section 45 of the Evidence Act has been allowed.

(2.) The facts of the case briefly stated are that, the petitioner complainant filed a criminal complaint under section 138 of the Negotiable Instruments Act. Against the respondent/accused. The respondent/accused moved an application under Section 45 of the Evidence Act for examining the handwriting expert with regard to the writings in the cheque, though the signature on the cheque has been admitted by the respondent accused.

(3.) Learned JMFC dismissed the application stating that the signature on the cheque has been admitted. Hence, handwriting in other entries of the cheque are of no importance. The respondent accused filed criminal revision No. 15/2016, which was decided on 09.03.2016, in which the order passed by learned JMFC has been set aside and it has been directed to examine the handwriting expert subject to payment of cost of Rs. 1,000/-.