ORDER :- The accused in C.C.No.444 of 2006, preferred the present revision case challenging the order of the Junior Civil Judge/Judicial First Class Magistrate, Macherla in Criminal M.P. No.925 of 2008 in C.C. No.444 of 2006. The Criminal Case was filed against him for the offence under Section 138 of Negotiable Instruments Act (for short 'the Act'). It is mentioned in the complaint that the accused gave EX.P.3 cheque for discharge of legally enforceable debt and when he presented the same before the bank, the bank returned the said cheque with an endorsement 'insufficient funds. Subsequently, after issuing notice to the accused and after complying the formalities required under the Act, the complainant filed the above complaint. The accused took the defence that Exs.P.1 and P.2 promissory notes and Ex.P.3 cheque are fabricated on account of vengeance against him. During the pendency of the case, when the case was posted for 313 Cr.P.C. examination, the accused filed Crl. M.P. No.925 of 2008 under Section 45 of the Evidence Act, requesting the Court to send Exs.P.1 to P.3 to the handwriting expert for comparison with the admitted signatures with a memo of special vakalat. The lower

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