(1.) PARTIES , who were present in the Court, were asked to settle the matter, in terms of the judgment rendered by the apex Court in Damodar S. Prabhu versus Sayed Babalal H. (2010) 5 SCC 663. Learned counsel for the parties fully cooperated. But however, petitioner Subhash Chand (hereinafter referred to as the accused) had certain reservations.
(2.) AS such, the matter was admitted and with the consent of the parties taken up for hearing.
(3.) AFTER evidence of the parties was closed, accused filed an application, under the provisions of Section 45 of the Indian Evidence Act, 1872, praying that the cheque in question be sent to a handwriting expert for comparing the handwritten contents of the cheques with the handwriting of the complainant.