DUNI CHAND Vs. INDIAN BANK, BRANCH

JUDGEMENT

(1.) Challenging the above captioned orders, declining the request to send the cheque for handwriting expert, the accused has come up before this Court.

(2.) The accused is facing prosecution under Sec. 138 of the N.I. Act. The cheque amounting to Rs.21,00,000.00(Ex.CW1/E) handed over by the petitioner to the Indian Bank, was dishonoured due to insufficient funds. The bank lodged prosecution under Sec. 138 of the Negotiable Instruments Act, against the accused.

(3.) During the pendency of trial, the accused filed an application under Sec. 45 of Indian Evidence Act for sending the cheque for expert opinion for comparison of his handwriting and comparison of his signatures. The accused took specific ground that the cheque did not bear his signatures.