RAJKISHORE PARIDA Vs. AKSHAYA KU. NAYAK

JUDGEMENT

(1.) Heard Mr. Aurovinda Mohanty, learned counsel for the petitioner.

(2.) The petitioner filed a complaint petition for commission of offence under section 138 of the Negotiable Instruments Act, 1881 (hereafter 'N.I. Act') against the opposite party on the ground that the opposite party issued a cheque bearing no. 0165975 of Rs. 4,80,000.00 (rupees four lakh and eighty thousand) in favour of the petitioner which bounced on being presented in the bank for encashment.

(3.) The learned S.D.J.M., Kendrapara vide impugned order dated 20.07.2016 relying upon the citations in cases of The State (Delhi Administration) v. Pali Ram reported in AIR 1979 Supreme Court 14 and Ajit Savant Majagavi Vs. State of Karnataka reported in AIR 1997 SC 3255 has been pleased to allow the petition filed by the opposite party and directed that the specimen signature of the opposite party along with the signatures appearing on the Vakalatnama as well as on the cheque and other documents be sent to the handwriting expert for comparison and directed the accused to pay Rs. 500.00 to the petitioner for delay in filing such petition after the stage of accused statement and further directed the opposite party to remain present in person to give his admitted signature before the Court.