KHETRA MOHAN NAYAK Vs. JITENDRA KUMAR DAS

JUDGEMENT

(1.) The petitioner is aggrieved by the order dtd. 12/7/2016 passed by the learned J.M.F.C., Soro in 1.C.C. Case No.93 of 2015, whereby the learned trial Court has rejected the application of the petitioner seeking to send the subject cheque to obtain handwriting expert opinion.

(2.) The present petition is arising out of a Complaint Case U/s. 138 of the N.I. Act initiated by O.P. No.1 against petitioner. The instant petition has been filed on 13/10/2016. On 23/2/2017, this Court while issuing notice to the opposite party stayed the further proceeding in 1.C.C. Case No.93 of 2015 pending in the Court of the learned J.M.F.C., Soro.

(3.) The petitioner's prime ground for seeking to refer the cheque to the handwriting expert is that the complainant/opposite party in his examination-in-chief while answering to one of the questions of the petitioner has categorically stated that he has no objection if the report from handwriting expert is sought for by the petitioner/accused. Relevant would be to reproduce that part of the testimony of the complainant/opposite party which reads as under:-