AI Structured Summary
Not yet generated for this judgment
Judgment
M. Sasidharan Nambiar, J.—Petitioner, the accused in C.C. No. 624/2007 on the file of Judicial First Class Magistrate''s Court, Koyilandy,
taken cognizance for the offence u/s 138 of Negotiable Instruments Act, filed this petition challenging Annexure-6 order, whereunder, the prayer of
the Petitioner to send the dishonoured cheque to a private expert to verify whether the writings in the cheque, except the signature and the name
were of 2007 and the others were of 1992, was rejected. Petitioner had earlier filed C.M.P. No. 2045/2010 to send the dishonoured cheque to
Forensic Science Laboratory. It was sent. Forensic Science Laboratory reported that there is no scientific technique available to examine the age
of the writings in the document. Therefore, by Annexure-3 order, that petition was dismissed. It is, thereafter, Petitioner filed Annexure-4 petition
to send the dishonoured cheque to a private expert. Annexure-5 e-mail received from a private handwriting expert, which shows that there are
scientific procedure, though the results are not assured, in every case, is produced.
Learned Counsel appearing for the Petitioner was heard.
Argument of the learned Counsel is that if the dishonoured cheque is subjected to scientific test, it would establish that the signature and the
name seen in the cheque were made in 1992 and the date and the other writings were put only in 2007 and in such circumstances the dishonoured
cheque should have been sent to the expert.
On hearing the learned Counsel I do not find any reason to interfere with Annexure-6 order. Petitioner is entitled to challenge Annexure-6 order
along with the final judgment, if it goes against him.
Petition is disposed.