D R SUJATHA Vs. STATE OF TELANGANA

JUDGEMENT

(1.) Petitioner is the accused in Crime No.173 of 2017 on the file of the I Special Metropolitan Magistrate at Hastinapuram, R. R. District. It is the out come of the private complaint of the 2nd respondent society for the offence under Section 138 of Negotiable Instuments Act that was taken cognizance. After commencing of trial from the cheque marked as Ex.P1, accused filed Crl.M.P.No.384 of 2018 on 08.03.2018 under Section 45 of the Indian Evidence Act to send Ex.P1 cheque bearing No.826883 dated 08.08.2017 for Rs.72,09,331/- drawn on Syndicate Bank, Tirupathi to handwriting expert for comparision with regard to age difference in the ink in the handwritings and signature on the cheque in question.

(2.) The defence of the accused is that she signed blank cheque that was obtained from her at the time of sanctioning loan as security in the year 2014 and misused as if given in 2017 August, which after lapse of 3 years, by filing contents with different ink which is thereby necessary to compare the difference in the ink and writings with signature ink.

(3.) The complainant as respondent opposed the petition with contest that petitioner accused was member of the society of the complainant and availed SOD, business development of Rs.1,25,00,000/- dated 05.03.2014 to repay with interest and also execute documents like pronote, agreement and deposit title deeds and create equitable mortgage over the property and the SOD Limited later enhanced to Rs.1,50,00,000/- on 30.07.2014 that was renewed on 24.02.2016 and he became irregular in liquidation of the amounts particularly the interest components and accused applied for term loan of Rs.1,60,00,000/- that was sanctioned on 24.02.2014 to repay the interest payable in instalments and for several demands in part payment of above cheque for the above amount towards discharge of liability of payment of interest issued and the same is presented returned dishonoured and did not even choose to reply to statutory notice on the liquidation for legally enforceable debt and criminal petition is liable to be dismissed being after thought.